STATE OF COLORADO

TOWN OF TELLURIDE, COLORADO

ORDINANCE NO. 1288

(Series of 2008)

AN ORDINANCE OF THE TOWN OF TELLURIDE, ADOPTING BY REFERENCE AND ENACTING A NEW MUNICIPAL CODE FOR THE TOWN OF TELLURIDE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

Be It Ordained by the Town Council of the Town of Telluride, Colorado:

Section 1. The Code entitled the Telluride Municipal Code, published by Colorado Code Publishing Company, consisting of Chapters 1 through 18, with Appendix, Tables and Index, is hereby adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before the adoption date of this Ordinance, which are inconsistent with the provisions of the Telluride Municipal Code, to the extent of such inconsistency, are hereby repealed. The repeal established in this Section shall not be construed to revive any ordinance or part thereof that had been previously repealed by any ordinance which is repealed by this Ordinance.

Section 3. The following codes were previously adopted by reference and incorporated in the Telluride Municipal Code. One (1) copy of each is on file in the Town Clerk's office:

(1) The Model Traffic Code for Colorado, 1995 edition, published by the Colorado Department of Transportation, as adopted and amended in Section 8-1-10, et seq.;

(2) The Uniform Building Code, 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15-1-10, et seq.;

(3) The Uniform Code for Building Conservation, 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15-2-10, et seq.;

(4) The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15-3-10, et seq.;

(5) The National Electrical Code, 1996 edition, published by the National Fire Protection Association, as adopted in Section 15-4-10;

(6) The Uniform Administrative Provisions for the National Electrical Code, 1996 edition, published by the National Fire Protection Association, as adopted and amended in Section 15-4-40, et seq.;

(7) The Uniform Plumbing Code, 1997 edition, published by the International Association of Plumbing and Mechanical Officials, as adopted and amended in Section 15-5-10, et seq.;

(8) The Uniform Fire Code, 1997 edition, published by the International Fire Code Institute, as adopted in Section 15-6-10;

(9) The Uniform Mechanical Code, 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15-7-10, et seq.; and

(10) The Uniform Sign Code, 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15-8-10, et seq.

Section 4. The penalties provided by the Municipal Code of the Town of Telluride are hereby adopted as follows:

(1) Sec. 1-4-10. General penalty for violation. (Chapter 1, Article 4, General Penalty)

(a) No person shall violate or fail to comply with any of the provisions of this Code or the ordinances of the Town. Except in cases where a different punishment is prescribed by any ordinance of the Town:

(1) Any person who violates any criminal provision of this Code or any ordinance of the Town shall, upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment, except as provided in Section 1-4-20 below.

(2) Any person who violates any noncriminal provision of this Code or any ordinance of the Town shall, upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000.00), except as provided in Section 1-4-20 below.

(b) Each such person shall be guilty of a separate violation for each and every day during any portion of which any violation of any provision of this Code or the ordinances of the Town is committed, continued or permitted by any such person, and such person shall be punished accordingly.

(2) Sec. 1-4-20. Application of penalties to juveniles. (Chapter 1, Article 4, General Penalty)

(a) Every person who, at the time of commission of the offense, was at least ten (10) but not yet eighteen (18) years of age, and who is subsequently convicted of or pleads guilty or nolo contendere to, a violation of any provision of this Code, shall be punished by a fine of not more than one thousand dollars ($1,000.00) per violation or count. Any voluntary plea of guilty or nolo contendere to the original charge or to a lesser or substituted charge shall subject the person so pleading to all fines and/or penalties applicable to the original charge.

(b) If an alleged offender was at the time of the alleged offense under the age of eighteen (18) and over the age of nine (9), the Municipal Court does not have jurisdiction to sentence the offender to a jail term of any duration unless the offender has been convicted for a violation of a traffic offense under Chapter 8 of this Code.

(3) Sec. 2-3-210. Failure to pay fine. (Chapter 2, Article 3, Municipal Court)

(a) Any person who, in a criminal action, has been sentenced to a fine under this Code, and who fails to make full and timely payment of the fine upon demand, may be summarily imprisoned until the fine is completely paid. Each hour of confinement shall count as the payment of one dollar ($1.00) of the fine. The Municipal Court may stay imprisonment if the person in default promises to pay the fine in installments fixed by the Municipal Court. If such person then defaults on the payment of any installment, the stay of imprisonment shall immediately terminate.

(b) Any person who has been found liable in a civil action and against whom judgment has been rendered under this Code, and who fails to make full and timely payment of the judgment upon demand, shall be subject to any proceeding for satisfaction available under state law, including but not limited to garnishment of funds and denial of renewal of his or her driver's license.

(4) Sec. 2-3-220. Community service. (Chapter 2, Article 3, Municipal Court)

The Municipal Court may allow any person who has admitted violating, or who is found to have violated, any provision of this Code for which a fine is imposed, to perform community service work for the Town in exchange for all or a portion of such fine upon a determination that such person cannot pay all or a portion of the fine without undue hardship.

(5) Sec. 2-4-230. Penalty. (Chapter 2, Article 4, Ethics Code)

(a) The Town Council may reprimand or censure any Town official, including Town Councilpersons, for violation of any of the provisions of this Article.

(b) The Town Council shall have good cause to remove any member of a Town board or commission for violation of any of the provisions of this Article, pursuant to the provisions of Section 9.4 of the Home Rule Charter.

(c) The Town Manager may reprimand or take disciplinary action against any Town employee for violation of the provisions of this Article pursuant to the Town's Personnel Policies.

(6) Sec. 4-2-390. Penalties. (Chapter 4, Article 2, Sales and Use Tax)

A penalty shall be levied for any tax deficiency.

(1) Penalty for late payment. For transactions consummated after the effective date of the ordinance codified herein, the penalty for late payment shall be fifteen dollars ($15.00) or ten percent (10%) of the tax deficiency, whichever is greater. Additionally, one percent (1%) of the tax deficiency per month from the date when due, not exceeding eighteen percent (18%) in the aggregate, shall be assessed.

(2) Penalty for fraud. If any tax deficiency is due to fraud or intent to evade the tax, the penalty shall be one hundred percent (100%) of the total tax deficiency.

(3) Abatement of penalty. Any penalty assessed under this Section may be abated by the Finance Director, with the approval of the Town Manager, if the taxpayer submits a written request for such abatement on or before the payment date of the applicable notice of assessment, and if the Finance Director and the Town Manager find good cause thereof.

(7) Sec. 4-2-710. Neglect or refusal to make return or pay. (Chapter 4, Article 2, Sales and Use Tax)

If a person neglects or refuses to make a return in payment of the use tax or to pay any use tax as required, the Town Manager shall make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to ten percent (10%) thereto and interest on such delinquent taxes at the rate imposed under Section 4-2-730 below, plus one percent (1%) per month from the date due.

(8) Sec. 4-2-720. Penalty interest upon unpaid use tax. (Chapter 4, Article 2, Sales and Use Tax)

Any use tax due and unpaid shall be a debt to the Town and shall draw interest at the rate imposed under Section 4-2-730 below, in addition to the interest provided by Section 4-2-740, from the time when due until paid.

(9) Sec. 4-3-140. Delinquency; interest. (Chapter 4, Article 3, Real Estate Transfer Tax)

The real estate transfer tax imposed under this Article is due and payable at the time of the transfer of the real property, and is delinquent if it remains unpaid for thirty (30) days thereafter. In the event that the tax is not paid prior to becoming delinquent, a delinquency penalty of fifteen percent (15%) of the amount of tax due shall accrue. In the event a portion of the tax is paid prior to becoming delinquent, the penalty shall only accrue as to the portion which is delinquent, and interest shall accrue at the rate of one and one-half percent (1.5%) per month, or fraction thereof, on the amount of tax, exclusive of penalties, from the date the tax becomes delinquent to the date of payment. Interest and penalty accrued shall become part of the tax.

(10) Sec. 4-4-50. Collection and remittance of tax; vendor collection fee; delinquency interest and penalty. (Chapter 4, Article 4, Excise Tax)

(a) All vendors subject to this Article shall timely collect and be liable for an amount equivalent to two percent (2%) of the price or cost paid for lodging rentals and for food and drink sold in a restaurant or bar as specified in Subsection 4-4-30(a) of this Article, and shall, before the twentieth day of each month, make a return to the Town for the preceding calendar month and remit said collected tax amounts to the Town; however, in the event the tax collected in a month is less than three hundred dollars ($300.00), then the return and remittance may be performed at the end of the calendar quarter. Vendors shall compute and add the two-percent tax to all taxable amounts in accordance with the tax schedule established by the Finance Director, said schedule to be designed so that no tax is imposed and collected on a sale or charge of seventeen cents ($0.17) or less.

(h) Interest shall accrue on all delinquent or deficient payments of the excise tax from the date of delinquency or underpayment to the date of full payment at the rate of one percent (1%) per month. Interest shall be calculated for each month, or portion of a month, that a tax delinquency or deficiency remains unpaid. A penalty equal to ten percent (10%) of the delinquent or deficient tax amount shall also be paid, unless the delinquency or deficiency is due to fraud or an intent to evade the tax, in which case the penalty shall be one hundred percent (100%) of the total amount of such delinquency or deficiency, and the same shall be due and paid, along with the unpaid tax, within twenty (20) days after written notice and demand for payment is made by the Town. No interest shall be allowed or paid on any overpayment of the excise tax.

(11) Sec. 4-4-100. Failure to collect tax or file return; recovery of tax deficiencies. (Chapter 4, Article 4, Excise Tax)

(a) All sums of money paid as taxes imposed under this Article shall be and remain public funds and the property of the Town, and all vendors or other persons collecting the same shall hold the funds in trust for the sole use and benefit of the Town until paid to the Town.

(b) If a taxpayer neglects or refuses to collect or pay the tax imposed under this Article, or neglects or refuses to make a return, the Finance Director shall make an estimate of the amount of the tax due for the period for which the taxpayer is delinquent based upon the information that may be available, and shall add thereto a penalty equal to ten percent (10%) of the delinquent amount unless the delinquency is found to be due to fraud or an intent to evade the tax, in which case the penalty shall be one hundred percent (100%) of the delinquent amount, plus interest at one percent (1%) per month on both the delinquent amount and the penalty from the date when the taxes were due. Promptly thereafter, the Finance Director shall provide to the delinquent taxpayer a written delinquency notice of such estimated tax, along with the penalty and interest applicable thereto, which notice shall be sent by certified mail to the last address for the taxpayer on record with the Town. The notice shall also set forth in clear and conspicuous type that the delinquent taxpayer has the right to elect a hearing on the deficiency before the Town Manager. Such estimate shall thereupon become an assessment and the amount therein shall be final and due and payable from the taxpayer to the Town twenty (20) days from the date of mailing; provided, however, that, within said twenty-day period, the delinquent taxpayer may appeal the assessment to the Town Manager for a modification or other action. Any appeal must be filed in writing with the Town Manager, with a copy to the Finance Director, and shall describe in plain language the grounds for such appeal and the relief requested from the assessment.

(c) When a timely appeal is filed in accordance with this Section, no further enforcement action will be instituted by the Town on such portion of the assessment being appealed, unless the taxpayer fails to pursue the appeal.

(d) If any taxes, penalty or interest imposed by this Article and shown due by returns filed by a taxpayer, or as shown by assessments duly made as provided herein, are not paid within five (5) days after the same are due, the Finance Director shall issue a notice setting forth the name of the taxpayer, the amount of the tax, penalties and interest, the date of the accrual thereof, and that the Town claims a first and prior lien therefor on the real and tangible personal property of the taxpayer; except as to pre-existing claims or liens of a bona fide mortgagee, pledgee, judgment creditor or purchaser whose rights shall have attached prior to the filing of the notice as herein provided on property of the taxpayer, other than the goods, stock in trade and business fixtures of such taxpayer. Said notice shall be on forms prepared by the Finance Director, shall be verified by him or her or by any duly qualified agent of the Town whose duties are the collection of such tax, 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 tangible personal property. The filing of such notice shall create a lien on such property in that county and constitute a notice thereof. After said notice has been filed, or concurrently therewith, or at any time when taxes due are unpaid, whether such notice is filed or not, the Town may issue a warrant directed to any duly authorized revenue collector or to the sheriff of any county in the State commanding him or her to levy upon, seize and sell sufficient of the real and personal property of the tax debtor found within his or her county for the payment of the amount due, together with interest, penalties and costs, subject to valid pre-existing claims or liens as above provided.

(e) When performing under this Section, revenue collectors or sheriffs shall levy upon sufficient property of the taxpayer, or on property used by such taxpayer in conducting his or her business, and said property so levied upon shall be sold in all respects, with like effect and in the same manner as is prescribed by law in respect to executions against property upon a judgment of a court of record, and the remedies of garnishments shall apply. The sheriff shall be entitled to such fees in executing such warrants as are allowed by law for similar services.

(f) Any lien for taxes shown on the records of a county clerk and recorder as herein provided shall, upon the payment of all taxes, penalties and interest covered thereby, be released by the Town in the same manner as mortgages or judgments are released.

(g) The Town may treat any taxes, penalties or interest due and unpaid as a debt due the Town from the taxpayer. In the case of a failure to pay the tax or any portion thereof, or any penalty or interest thereon when due, the Town may recover at law the amount of such taxes, penalties and interest in any county or district court of the county wherein the taxpayer resides, or has his or her principal place of business, and having jurisdiction of the amounts sought to be collected. The return of the taxpayer or the assessment made by the Town, as herein provided, shall be prima facie proof of the amount due. Such actions may be actions in attachment, and writs of attachment may be issued to the sheriff. In any such proceeding, no bond shall be required of the Town, nor shall any sheriff require of the Town an indemnifying bond for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings; and the Town may prosecute appeals in such cases without the necessity of providing bond therefor. It shall be the duty of the Town Attorney when requested by the Town Manager to commence an action for the recovery of taxes due under this Article, and the remedy shall be in addition to all other existing remedies, including the remedies provided in this Article.

(h) In any action affecting the title to real estate or the ownership or rights to possession of personal property upon which the Town has asserted a lien, the Town may be made a party defendant for the purpose of obtaining a judgment or determination of its lien upon the property involved therein.

(12) Sec. 6-1-100. Delinquency charges penalty. (Chapter 6, Article 1, Business Licenses)

(a) A delinquency charge for failure to comply with any provision of Section 6-1-40 above shall accrue five (5) days after a license is required in the amount of fifteen dollars ($15.00), or up to five percent (5%) per month (or fraction thereof), not to exceed a total of twenty-five percent (25%) of the amount due, whichever is greater.

(b) The Town may issue a summons and complaint sixty (60) days after the business license fee is due, charging a person with failure to comply with this Article. A violation of any part of this Article is punishable for each day of violation by a maximum penalty as set forth in Paragraph 1-4-10(a)(1) of this Code. A minimum fine, in the amount of one-half percent (.5%) per day of the amount of the business license fee for each day of noncompliance from the date the fee is due through the date of sentencing, is mandatory and may not be suspended by the court. Each day of violation is a separate offense.

(c) The Town may also seek an injunction to restrain a person from engaging in business within the Town who does not obtain an annual business license, or has his or her license revoked or suspended.

(d) All these remedies shall be in addition to all other remedies and penalties provided for by local ordinance or available at law.

(13) Sec. 6-2-130. Renewal fines. (Chapter 6, Article 2, Liquor Licenses)

Applications for renewal of an existing license must be received by the Town Clerk not less than forty-five (45) days prior to the date of expiration. The fine for late application shall be imposed in the amount of ten dollars ($10.00) per day until the expiration date. If the applicant does not agree to pay the fine, the deadline for filing shall not be waived. In such case, the Town Clerk shall not accept or process the renewal application and shall require an application for issuance of a new liquor license. Upon payment of the fine for late application and submittal of a complete application, the expiration date of the existing license shall be extended until the application is granted or denied. If all application forms and documentation, including state and local license fees and fines, are not received by 5:00 p.m. on the date of expiration, the license will be deemed expired except where the requirements of Section 12-47-302, C.R.S., are met.

(14) Sec. 6-3-60. Failure to remit; penalties for nonpayment. (Chapter 6, Article 3, Admission Fees for Festivals and Events in Town)

Every vendor required to collect an admissions fee by this Article who fails to collect the same or fails to remit the fee shall be personally liable to the Town for the amount of the fee. Any person required to collect or remit the fee imposed by this Article who fails to remit the amount of the fee when due shall, in addition to all other penalties, pay a penalty of fifteen percent (15%) of the amount due. For each successive thirty (30) days elapsing before payment, there shall be added an additional penalty of five percent (5%) on the original unpaid amount of the fee due.

(15) Sec. 6-4-70. Penalties. (Chapter 6, Article 4, Vending)

(a) Violation of any of the provisions of this Article shall be a misdemeanor, punishable as set forth in Paragraph 1-4-10(a)(1) of this Code.

(b) Violations or noncompliance with any permit condition or provision of this Article may also result in immediate suspension or revocation of any vending permit by the Town Clerk, subject to the right of hearing within three (3) business days after any such suspension upon request of the permit holder.

(16) Sec. 7-2-40. Use of vehicles as residences. (Chapter 7, Article 2, Nuisances)

(a) Purpose. The unauthorized use of vehicles as residences within public rights-of-way and on public property is deemed to be injurious to residential and nonresidential neighborhoods alike and conducive to the creation and perpetuation of congestion, unwanted noise, sanitation problems, unsightly visual conditions and confrontations between residents and nonresidents. The intent and purpose of this Section is not to regulate vehicles or those locations where vehicles may be parked or stored, but to prohibit activities and occupancies within vehicles so as to protect the integrity of neighborhoods, preserve public streets, rights-of-way and parks for their intended public purposes, ensure the proper use of public property in conformity with zoning and land use regulations and promote the public health and safety.

(b) Definition. As used in this Section, unless the context otherwise requires, the term vehicle shall mean any device which is capable of moving itself, or being moved, from place to place upon wheels.

(c) Prohibitions. No person shall occupy any vehicle upon any municipal street, state highway, alley, public right-of-way or public property for the purpose of providing a residence or residential living or sleeping quarters or storage, whether temporary or permanent. The type or nature of any given vehicle shall not be conclusive as to whether a vehicle is being occupied for living or sleeping quarters or other residential use.

(d) Exemptions. The prohibitions as contained in this Section shall not apply to activities undertaken pursuant to a valid and authorized land use, building or camping permit issued by the Town.

(e) Penalty. Persons convicted of violating the terms of this Section shall be subject to a fine of not more than one hundred dollars ($100.00) for each separate offense, up to and including the third offense. For each conviction after the third offense, a person shall be subject to a fine of not more than three hundred dollars ($300.00) and/or imprisonment not to exceed three (3) days.

(17) Sec. 7-3-70. Enforcement and penalties. (Chapter 7, Article 3, Clean Indoor Air Act)

(a) The Town Manager shall be responsible for compliance with this Article with regard to facilities which are owned, operated or leased by the Town.

(b) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to Section 7-3-30 of this Article.

(c) Smoking and the improper disposal of the unused remainder or any remnants from smoking, including what may be popularly termed "cigarette butts," may result in an independent violation of Section 10-4-100 of this Code if a person throws or leaves litter on any premises to which he or she does not have lawful possession. Such littering provisions apply to, among other things, all public sidewalks and rights-of-way as well as all private areas, including entryways, covered by the provisions of the Clean Indoor Air Act. The provisions of this Article regarding littering are intended to be directly applicable to all owners, operators, managers or employees of any premises subject to the Clean Indoor Air Act.

(d) Owners, operators, managers or employees of any premises subject to Section 7-3-30 of this Article shall be required to notify persons in violation of this Article of any of the provisions of this Article. The duty to so notify a violator shall arise when such person becomes aware of such violation. It is unlawful for a person who owns, manages, operates or otherwise controls the use of a premises subject to Section 7-3-30 of this Article to violate or to otherwise permit any person to violate the provisions of the Clean Indoor Air Act.

(e) Violation of any of the provisions of this Article is hereby declared to be a Class 2 petty offense and, upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars ($200.00) for a first violation within a calendar year, a fine not to exceed three hundred dollars ($300.00) for a second violation within a calendar year and a fine not to exceed five hundred dollars ($500.00) for each additional violation within a calendar year. Each day of a continuing violation shall be deemed a separate violation. Any citizen may register a written complaint for violation of this Article with the Town Marshal's office or the Town Manager.

(f) The Municipal Court shall transmit all such moneys collected for violations of the Clean Indoor Air Act, with the exception of any penalties for a nuisance violation described below, as follows: seventy-five percent (75%) of any such fine for a violation shall be transmitted to the Finance Director and the remaining twenty-five percent (25%) shall be transmitted to the State Treasurer, who shall credit the same to the General Fund.

(g) In addition to the enforcement options above described, a citizen may elect to treat a violation of the Clean Indoor Air Act as a public nuisance, which may be abated pursuant to the provisions of Article 2 of this Chapter. Any such citizen may commence an action in Municipal Court by a summons and complaint to enforce the provisions of this Chapter pursuant to the procedures set forth in Article 2 of this Chapter.

(h) Any remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(18) Sec. 7-4-80. Penalties. (Chapter 7, Article 4, Solid Fuel Burners)

Any person, upon conviction of a violation of any provision of this Article, shall be subject to a maximum penalty as set forth in Paragraph 1-4-10(a)(1) of this Code for each separate offense, and may be enjoined from any further or continued violation of this Article.

(19) Sec. 7-5-620. Fines, penalty. (Chapter 7, Article 5, Refuse)

(a) It shall be unlawful for any person to violate any provision of this Article.

(b) Any person who is found to have violated, or who acknowledges violating any provision of this Article, shall be fined an amount not less than shown on the following schedule, and not to exceed the maximum fine as set forth in Paragraph 1-4-10(a)(2) of this Code:

(1) First offense within twelve (12) successive calendar months: fifty dollars ($50.00).

(2) Second offense within twelve (12) successive calendar months: two hundred fifty dollars ($250.00).

(3) Third offense within twelve (12) successive calendar months: Summons.

(20) Sec. 7-6-220. Fines, penalty assessments and other penalties. (Chapter 7, Article 6, Animals)

(a) It is unlawful for any person to violate any provision of this Division.

(b) Any person who is found to have violated, or who acknowledges violating Section 7-6-120 or Subsection 7-6-130(a) of this Article shall be fined an amount not less than seventy-five dollars ($75.00) and shall be subject to a maximum penalty as set forth in Paragraph 1-4-10(a)(1) of this Code. Any person who is found to have violated, or who acknowledges violating, Section 7-6-210 above shall be fined:

(1) Fifty dollars ($50.00) for the first offense within twelve (12) successive calendar months;

(2) Two hundred fifty dollars ($250.00) for the second offense within twelve (12) successive calendar months; and

(3) A summons to appear in Municipal Court for the third offense within twelve (12) successive calendar months.

(c) Any person who is found to have violated, or who acknowledges violating, any provision of this Division, except as set forth in Subsection (b) above, shall be subject to a fine of not less than fifty dollars ($50.00) and not to exceed the maximum fine as set forth in Paragraph 1-4-10(a)(1) of this Code.

(d) Penalty assessments: noncompanion animal, at large and hitching violations. Any person who is issued a citation for violation of Section 7-6-110, 7-6-140 or 7-6-150 of this Article may be offered a penalty assessment of fifty dollars ($50.00) by a peace officer.

(21) Sec. 7-6-400. Fines, penalty assessments and other penalties. (Chapter 7, Article 6, Animals)

(a) It is unlawful for any person to violate any provision of this Article.

(b) Failure to license violations. Failure to obtain a license in violation of Section 7-6-310 of this Article constitutes a separate violation for each week, or part of a week, during which the dog continues to be unlicensed. Any person found guilty of violating or who acknowledges violating Section 7-6-310 shall be subject to a maximum penalty set forth in Paragraph 1-4-10(a)(1) of this Code, together with court costs, but in no event shall the fine be an amount less than seventy-five dollars ($75.00).

(c) Failure to remove violations. Any person found to have violated, or who acknowledges violating, Subsection 7-6-350(b), (c), (d), (e) or (f) of this Article shall be fined an amount not less than fifty dollars ($50.00) and not greater than the amount set forth in Paragraph 1-4-10(a)(2) of this Code.

(d) Threatening behavior violations. Any person found guilty of violating or who acknowledges violating Section 7-6-350(g) of this Article shall be subject to a maximum penalty set forth in Paragraph 1-4-10(a)(1) of this Code, together with court costs, but in no event shall the fine be an amount less than seventy-five dollars ($75.00).

(e) Vicious behavior violations. An alleged violation of Subsection 7-6-350(h) of this Article shall require a hearing before the Municipal Court, unless waived by the Town Prosecutor. Any person found guilty of violating, or who acknowledges violating, Subsection 7-6-350(h) shall be subject to a maximum penalty set forth in Paragraph 1-4-10(a)(1) of this Code, together with court costs, but in no event shall the fine be an amount less than one hundred dollars ($100.00). Any person found guilty of violating, or who acknowledges violating, Subsection 7-6-350(h) shall be required to pay the medical bills of any victim of the subject dog's vicious behavior that resulted from the vicious behavior and to pay any other appropriate restitution as ordered by the Municipal Court. A vicious dog is declared further to be a threat to public safety and welfare and, upon notice as set forth in Section 7-6-180 of this Article and a hearing as required pursuant to Subsection 7-6-200(c) of this Article, the Municipal Court may order that the dog be banished from the Town or destroyed in a humane manner or any other sanction as provided for in Subsection (j) below.

(f) Wildlife harassment violations. Any person found guilty of violating or who acknowledges violating Section 7-6-390 of this Article shall be subject to a maximum penalty set forth in Paragraph 1-4-10(a)(1) of this Code, together with court costs, but in no event shall the fine be an amount less than seventy-five dollars ($75.00).

(g) All other violations. Any person found to have violated, or who acknowledges violating, any other provision of this Article, shall be fined in an amount not less than twenty-five dollars ($25.00), and not greater than the amount set forth in Paragraph 1-4-10(a)(2) of this Code.

(h) Penalty assessments.

(1) Any person who is issued a citation for violation of any provision of this Article, except Section 7-6-310, 7-6-350(g), 7-6-350(h) or 7-6-390 of this Article, may be offered a penalty assessment by a peace officer, except as described in Subsection (i) below. The amount of the penalty assessment shall be the amount of the minimum fine as set forth above. Payment of the penalty assessment on the citation will constitute complete satisfaction of the violation if payment is received at Rebekah Hall by the court date. If not paid by that date, the penalty assessment shall double.

(2) No penalty assessment shall be offered for violations of Sections 7-6-310, 7-6-350(g), 7-6-350(h) and 7-6-390.

(i) Repeat offenders. Any person who is issued four (4) or more citations for violations of any provision of this Article within any twelve-month period that are not paid when due shall be considered a repeat offender and shall be issued a complaint and summons requiring a court appearance.

(j) Special sanctions. The Municipal Judge may impose any of the following sanctions upon recommendation of the Town Prosecutor or peace officer, against any dog owner convicted of any violation of this Article:

(1) Construction of a secure dog enclosure and may authorize an initial compliance inspection;

(2) Spaying or neutering of the dog;

(3) Obedience training or behavior modification;

(4) Responsible pet ownership class;

(5) Community service work;

(6) Prohibition from owning dogs while residing within the Town for a specified period;

(7) Use of humane training devices for behavior modification;

(8) Restitution for costs of care rendered or shelter given, costs of veterinary care and costs of medical treatment; and

(9) Treatment or counseling programs for the owners or victims.

Any sanction levied may be in lieu of or in addition to the penalty as specified in this Section.

(22) Sec. 8-1-60. Amendments. (Chapter 8, Article 1, Model Traffic Code)

(a) Article I of the MTC is hereby amended as follows:

(15) The second sentence of Section 1401(2) is amended to read as follows:

"Upon a second or subsequent conviction, such person shall be punished by a fine of not less than three hundred dollars nor more than one thousand dollars, or by imprisonment for not more than ninety (90) days, or both such fine and imprisonment."

(34) Section 1717 is amended to read as follows:

"1717. Conviction – attendance at driver improvement school. Whenever a person has been convicted of or found liable for violating any provision of this code or other law regulating the operation of vehicles on highways, the court, in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for a violation, may require the defendant, at his own expense, if any, to attend and satisfactorily complete a course of instruction at any designated driver improvement school located and operating in the county of the defendant's residence and providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. Unless otherwise provided by law, such school shall be approved by the court."

(23) Sec. 8-1-70. Penalty. (Chapter 8, Article 1, Model Traffic Code)

It is unlawful for any person to violate any of the provisions of the MTC, as amended by Section 8-1-60 above. The penalties set forth below shall apply to such violations. Fines shall be paid to the Municipal Court Clerk.

(1) Minimum mandatory fine. Any person convicted of or found liable for any violation under the MTC shall be punished by a fine of no less than the amount of the penalty assessment as set forth in Subsection 8-1-80(c) below for each violation for which the person is convicted. If no penalty assessment is set forth in Subsection 8-1-80(c) for violation, then the minimum fine for such offense shall be one hundred dollars ($100.00). Minimum fines are mandatory and shall not be suspended or reduced by any court, although execution of any minimum mandatory fine may be stayed for no longer than ninety (90) days or stayed pending an appeal or a rehearing.

(2) Maximum penalty.

a. In criminal actions, the maximum penalty for each conviction is as set forth in Paragraph 1-4-10(a)(1) of this Code.

b. In civil actions, the maximum penalty for each violation is a fine not to exceed the amount set forth in Paragraph 1-4-10(a)(2) of this Code.

(3) Discretion within minimum and maximum penalties. For each violation of the MTC for which a defendant is found liable or convicted, the court may set a fine, or for criminal violations, a fine and imprisonment, so long as the fine is not less than the minimum set in Paragraph (1) above. The court may suspend any part of a term of imprisonment, as well as that part only of a fine which exceeds the minimum set in Paragraph (1) above. Whenever a conviction or finding of liability is for the violation of one (1) of the MTC sections for which a penalty assessment is available under the schedule in Subsection 8-1-80(c) below, it is the policy of the Town Council that the court's judgment

for that violation be no less severe than the "If Paid After Court Date" assessment figure for that violation, unless extenuating circumstances and justice manifestly so require. The reason for this policy is to save administrative expenses by encouraging persons accused to elect to pay penalty assessments.

(24) Sec. 8-1-80. Penalty assessment. (Chapter 8, Article 1, Model Traffic Code)

(a) Notice. A peace officer shall issue a penalty assessment notice for all traffic infractions under the MTC, as amended, and for any violation of Section 8-2-10 of this Chapter. At the time that a peace officer issues a summons for an alleged criminal violation of any section of the MTC which is listed in the schedule set forth in Subsection (c) below, the peace officer may offer a penalty assessment notice. Notwithstanding the foregoing, no penalty assessment notice shall be offered when the alleged violation has caused, or contributed to the cause of, an accident resulting in more than fifty dollars ($50.00) in damage to property or in any injury, including death, to any person; nor shall a penalty assessment notice be offered when the peace officer issuing the summons knows, or reasonably believes, that the alleged violator or vehicle has been involved in a criminal violation of any law of the Town for which there has been a conviction in a court of competent jurisdiction, and for which the sentence or judgment (be it fine or imprisonment) remains as yet unsatisfied. No person shall be entitled to elect to pay a penalty assessment under Subsection (b) below unless an offer of a penalty assessment notice has been made under this Subsection.

(b) Election. Any person offered a penalty assessment notice under Subsection (a) above may elect to pay the penalty assessment instead of proceeding to hearing or trial on the alleged violation. The amount of the penalty assessment shall be as provided in the schedule set forth in Subsection (c) below. Payment of a penalty assessment constitutes complete satisfaction of the alleged violation if the prescribed payment is received at Rebekah Hall by 5:00 p.m. on the day prior to the court date specified on the penalty assessment notice. Payment of a penalty assessment constitutes an acknowledgment of liability for the violation described in the summons or citation. If the person offered a penalty assessment notice elects not to make full and timely payment thereunder, an action on the alleged violation shall proceed as otherwise provided by law.

(c) Schedule. The following schedule sets forth the penalty assessments which may be offered for violations of Article I of the MTC. In the event a penalty assessment is not paid prior to the court hearing, the penalty assessment shall double.

(25) Sec. 8-2-60. Centerlane Commercial Loading Zone. (Chapter 8, Article 2, Operating, Standing, Stopping and Parking)

(a) Designation. A Centerlane Commercial Loading Zone is hereby established in the commercial core on Colorado Avenue. The loading zone shall be identified by lines painted in yellow on both sides of the centerline of Colorado Avenue and any other traffic control device deemed necessary.

(b) Purpose. The Centerlane Commercial Loading Zone shall be for commercial vehicles only which display a duly issued permit. Permits shall be issued by the Town Marshal's Office subject to the criteria promulgated by the Town Manager.

(c) It is unlawful for any vehicle to park in the Centerlane Commercial Loading Zone without a valid permit displayed.

(d) It is unlawful for any vehicle to park in the centerlane anywhere other than in the designated, marked Centerlane Commercial Loading Zone.

(e) Towing. Towing. Any vehicle parked in violation of this Section represents an obstruction, hazard or potential obstruction or hazard to public safety and/or limits the normal access to use of public or private property. In addition to all other available remedies, penalties, fines and assessments, the Town Marshal is authorized to tow and impound any vehicle parked in violation of this Section.

(26) Sec. 8-2-90. Penalties. (Chapter 8, Article 2, Operating, Standing, Stopping and Parking)

(a) It is unlawful for any person to violate any provision of this Article.

(b) Schedule. The following schedule sets forth the penalty assessments which may be offered for violations of this Article. In the event the penalty assessment is not paid prior to the court date, the penalty assessment shall double:

(27) Sec. 8-3-70. Penalties. (Chapter 8, Article 3, Abandonment and Impoundment)

Violation of any portion of this Article is a civil matter to be tried before the Municipal Court without right to jury trial. The maximum fine upon a finding of liability for any violation of this Article shall be a fine not to exceed the amount set forth in Paragraph 1-4-10(a)(2) of this Code. No person found liable under this Article shall be punished by imprisonment.

(28) Sec. 10-4-100. Littering. (Chapter 10, Article 4, Public, Private and Personal Property)

(a) A person commits littering who, not being in lawful possession of any premises, deposits, throws or leaves litter thereon, unless the litter is placed in a receptacle installed on the premises for litter, or unless the premises are designated as a lawful dump site.

(b) Whenever litter is discharged from any motor vehicle in violation of this Section, the operator of the motor vehicle shall be presumed to have caused or permitted the litter to have been discharged therefrom.

(c) The term litter, as used in this Section, means any rubbish, waste material, refuse, garbage, trash, debris, excrement or other foreign substance, solid or liquid, of every form, size, kind or description.

(d) The court, upon conviction of any person under this Section and the imposition of a fine or prison term, may suspend the sentence on the condition that the convicted person gather and remove all litter found on a specified piece of public or private property.

(29) Sec. 10-6-50. Other penalties. (Chapter 10, Article 6, Discriminatory Practices)

Whenever it appears that the holder of a permit, license, franchise, benefit or advantage issued by the Town is in violation of this Article, the Town, notwithstanding any other action it may take or may have taken under the authority of the provisions of this Article, may, after an appropriate hearing, take such action regarding the temporary or permanent suspension of the violator's Town business license, permit, franchise, benefit or advantage as it considers appropriate based on the facts disclosed to it.

(30) Sec. 10-9-30. Penalties. (Chapter 10, Article 9, Hang Gliding Regulations)

Any person, upon conviction of a violation for any provision of this Article, shall be subject to a maximum penalty as set forth in Paragraph 1-4-10(a)(1) of this Code for each separate offense, and may be enjoined from any further continued violation thereof.

(31) Sec. 11-1-50. Assessment. (Chapter 11, Article 1, Sidewalk Construction and Maintenance)

In case the Town has paid for the construction, renewal or repair of the sidewalk as provided in this Article, then the Town Council shall, at a regular meeting, assess the cost of such construction, renewal or repair to the lot, together with ten percent (10%) penalty thereon to defray the cost of collection. It is the duty of the Town Clerk to certify the assessment to the County Clerk and Recorder, or to the official having custody of the tax list at the time such certification is made, to be placed by him or her upon the tax list for the current year and collected in the manner provided by law; provided however, that no such assessment shall be so certified until notice of such assessment has been published in a newspaper of general circulation published in Town, for a period of not less than one (1) week, giving notice to the owner or agent of the lot to appear before the Town Council at a specified meeting, not less than ten (10) days after such publication, where he or she may be heard as to the justness and correctness of the assessment.

(32) Sec. 11-1-90. Snow and ice removal. (Chapter 11, Article 1, Sidewalk Construction and Maintenance)

(a) Every owner, occupant or agent ("responsible person") of a building, structure, property or lot ("premises") within the Town shall remove from all sidewalks abutting, adjoining or fronting the premises all snow and ice within twelve (12) hours after it accumulates thereon. No person shall fail to fulfill this affirmative obligation. For purposes of determining whether a sidewalk is abutting, adjoining or fronting the premises, any intervening right-of-way shall be excluded. This Section does not apply to ice that accumulates for reasons beyond the control of the responsible person.

(b) In the event the responsible person shall fail to cause snow and ice removal as required by Subsection (a) above, the Town Manager may cause a written notice to be served on the responsible person. The notice shall require the responsible person to complete the snow and/or ice removal within a reasonable time, not to exceed forty-eight (48) hours. If personal service cannot be made on the responsible person, the notice shall be posted in a prominent place at the premises. If the responsible person so notified fails to remove the snow as required by this Section, the Town Manager may cause the snow removal to meet the requirements of Subsection (a) above and charge the costs thereof, plus an additional amount up to twenty-five dollars ($25.00) for administrative costs, to the responsible person.

(c) Any person who violates any provision of this Section shall be subject to a fine not less than one hundred dollars ($100.00) and not to exceed the maximum fine as set forth in Paragraph 1-4-10(a)(2) of this Code. Each such person shall be guilty of a separate violation for each and every day during any portion of which any violation of any provision of this Section is committed, continued or permitted by any such person, and such person shall be punished accordingly.

(d) The remedies contained in Subsections (b) and (c) above are cumulative.

(33) Sec. 13-2-120. Delinquency. (Chapter 13, Article 2, Service Charges)

(a) Water and sewer service charges are due on the thirtieth day from the date the charges are billed, and become delinquent if the charges remain unpaid on the thirty-first day after billing. Billing shall be deemed to have occurred on the date appearing on the bill. Charges shall be deemed to have been paid on the date of actual receipt of payment by the Town.

(b) A penalty of five percent (5%) of the total amount of the delinquent charges shall be imposed on the thirty-first day after billing, and at the commencement of each billing period thereafter until the delinquent charges and any outstanding penalty are paid in full.

(c) The Town shall have an action for the delinquent charges plus penalties, fees and interest against the owner of the water-using or sewer-using unit and the occupant of the water-using or sewer-using unit who has been the actual user of the services. The Town Manager may elect to bring an action against either or both of those parties.

(d) Accounts which are sixty (60) days delinquent shall receive a notice of discontinuance, and water shall be shut off on the date specified in the notice unless the account balance is paid in full on or before the date and time specified. At least ten (10) days shall lapse between issuance of the notice of discontinuance and discontinuation of water service. Water service which has been discontinued for delinquency shall not be reinstated until the account balance has been paid in full plus applicable deposit and service charges.

(e) All unpaid water and/or sewer service charges and other charges and fees under this Chapter shall be a lien on the property of the owner of the water-using and/or sewer-using unit or property. If the ownership of a water-using or sewer-using unit or property should change hands, the new owner of that unit or property shall be deemed to have had notice of all unpaid water and sewer charges and fees. The lien shall survive any transfer of ownership. It shall be collectable against the property of the new owner. If the amounts due are not paid within thirty (30) days from the due date, the Town Manager may proceed to collect them pursuant to Section 4-1-90 of this Code or in any manner provided by law.

(f) Delinquent water and/or sewer charges may be collected against any owner or user by suit, such action to be in the name of the Town, in any court having jurisdiction thereof, and to be prosecuted as an action at law or by a suit in equity.

(34) Sec. 13-3-20. Failure to meter or tampering with meters. (Chapter 13, Article 3, Unlawful Practices

(a) It is unlawful for any person to share a meter with any other water-using unit or to allow any water-using unit to be unmetered. It is unlawful for any person to tamper or interfere with any water meter or seal, or to arrange any plumbing or piping so that the use of water or sewer service might not be accurately registered by the meter. It is further declared to be unlawful to prevent or interfere with any employee of the Town in his or her access, examination and reading of any meter.

(b) The following nonexclusive remedies may be applied at the election of the Town Manager to ensure that all water service is measured by an individual, accessible and functioning meter:

(1) Higher rates. The owner of any unmetered water-using or sewer-using unit shall pay substantially higher water and sewer service charges.

(2) Abatement. The Town Manager may enter and install, inspect, repair or maintain a meter on the premises of any water-using or sewer-using unit which is not in compliance with the requirements of this Chapter if the owner of the unit fails, within ten (10) days after the date specified in the notice, to comply. The costs of such meter and installation shall be borne by the owner and shall be added to the next regular bill for the unit's water and sewer service charges. Any unpaid costs shall be subject to the delinquency charge, interest, penalty and other collection provisions for service charges contained in Section 4-1-90 of this Code and applicable statutory provisions.

(3) Water shutoff. The Town Manager may disconnect the water service to any water-using unit, without any liability whatsoever, upon failure to meter.

(4) Withholding of permission. No approvals or permits under Chapter 15 of this Code or the Land Use Code shall issue for the alteration of any unmetered water-using or sewer-using unit unless the plans call for bringing the unit into compliance.

(35) Sec. 13-3-110. Failure to install, maintain, test or inspect backflow prevention assembly. (Chapter 13, Article 3, Unlawful Practices)

It is unlawful for the owner of a building, structure or premises to maintain or permit to exist a cross-connection in violation of any of the provisions of this Chapter. Any violation of any of said provisions shall be punishable upon conviction by a penalty as set forth in Paragraph 1-4-10(a)(2) of this Code for each separate offense. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Chapter occurs or continues unabated. In addition, service of water to any premises may be discontinued if unprotected cross-connections exist on the premises or if any defect is found in an installed backflow prevention assembly. Discontinuance of service may be summary, immediate and without written notice whenever in the judgment of the Town Manager such action is necessary to protect the public potable water supply or the distribution system.

(36) Sec. 13-3-130. Penalty. (Chapter 13, Article 3, Unlawful Practices)

All remedies for any violations of any of the provisions of this Chapter shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Any person found to have violated any provision of this Chapter may be punished in accordance with Paragraph 1-4-10(a)(2) of this Code. Any penalties or fees due and unpaid hereunder shall be a lien upon the property and are collectible as provided in Section 4-1-90 of this Code or as may otherwise be provided by law.

(37) Sec. 13-4-30. Violations and penalties. (Chapter 13, Article 4, Cross-Connection Control)

(a) If at any time the Town Manager determines that an immediate health hazard, or the serious threat of an imminent health hazard, exists, he or she immediately may terminate water service to the building, structure or premises without prior notice to the owner or authorized agent of the owner. The owner shall be responsible for all costs associated with such termination of service. The Town Manager shall then notify the owner or authorized agent of the owner of the building, structure or premises of the violation. If the owner fails to correct the violation in the specified time, the Town Manager shall order that the connection be abandoned. The owner shall be responsible for all costs associated with termination of service and the temporary or permanent abandonment of service.

(b) It is unlawful for the owner of a building, structure or premises to maintain or permit to exist a cross-connection in violation of any of the provisions of this Article. A violation of any of the provisions of this Article shall be punishable upon conviction by a penalty as set forth in Paragraph 1-4-10(a)(2) of this Code for each separate offense. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Chapter occurs or continues unabated after the time limit set by the Town Manager in the notice.

(38) Sec. 13-5-50. Violations and penalties. (Chapter 13, Article 5, Water Conservation Code)

(a) Whenever a violation of a mandatory water conservation measure is observed, or whenever probable cause exists to believe a violation of a mandatory water conservation measure has occurred, a written notice shall be posted in a conspicuous place on the property where theviolation occurs or occurred. Said notice shall describe the violation and order that it be abated, corrected or cured immediately or within such time as specified in the notice. If the order is not complied with as specified in the notice, water service to the property upon which the violation occurred or is occurring may be disconnected.

(b) Any person aggrieved by a water service disconnection may seek a hearing before the Town Council by requesting the same within five (5) days of the service disconnect. Such request shall be submitted to the office of the Town Manager in writing.

(c) Any person found to have violated any provision of this Section shall be assessed a penalty of five hundred dollars ($500.00) for the first offense and one thousand dollars ($1,000.00) for any subsequent occurrence within any twelve-month period.

(d) In addition to any other fee or penalty authorized under this Code, a fee of one hundred dollars ($100.00) shall be paid for the reconnection of any water service after disconnection pursuant to Subsection (a) above if a violation is found to have occurred.

(e) The remedies provided for herein are cumulative. In addition, any penalties or fees due and unpaid hereunder shall be a lien upon the property and are collectible as provided in Section 4-1-90 of this Code or as may otherwise be provided by law.

(39) Sec. 15-14-80. Penalties. (Chapter 15, Article 14, Building Numbering)

Any person, upon conviction of a violation of any provisions of this Article, shall be subject to a the maximum penalty as provided for in Paragraph 1-4-10(a)(1) of this Code. The person may also be enjoined from any further or continued violation of this Article. Each day during which violation of this Chapter shall continue shall constitute a separate and distinct offense under this Article.

Section 5. Additions or amendments to the Code, when passed in the form as to indicate the intention of the Town to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after this Ordinance that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to those provisions of the Code.

Section 7. A public hearing on the ordinance shall be held on the 24th day of June, 2008, in the Town Council Chambers, Rebekah Hall, 113 W. Columbia, Telluride, Colorado.

Section 8. This ordinance shall become effective upon the date of publication of notice of its passage in a newspaper of general circulation within the Town of Telluride.

INTRODUCED, READ AND REFERRED to public hearing before the Town Council of the Town of Telluride, Colorado on the 3rd day of June, 2008.