County Ordinance

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Dog: Control/Licensing

Signed Ordinance No. 22-06

Dog registration is required by county ordinance and is provided as a free service by the county.  In order to register your dog with the county, you must provide a current rabies vaccination certificate for your dog from a veterinarian (the rabies tag is not sufficient; you must provide the certificate).  You may register in person at the Sheriff's Office, or fill out the Sheriff's Office registration form and mail it in with your rabies vaccination certificate to 2960 Dory Hill Rd, Black Hawk, CO 80422.  Tag(s) may be picked up at the office or mailed to you if you wish.  

Please note that your registration tag(s) are only valid until the rabies vaccination tag(s) expire.  When the rabies vaccination tag(s) expire, you must renew your county registration tag(s).

Frequently Asked Questions:

Q. How many dogs am I allowed to have?  

   A. The Gilpin County Zoning Code mandates no more than 4 dogs per household:

Q. To whom do I report issues with barking dogs?  

   A. Please call the Sheriff's Office Dispatch at 303-582-5500, and we will send an officer to investigate.

Q. To whom do I report issues with animals at large or animal abuse?

   A. Please call non-emergency dispatch at 303-582-5500 and they will connect you with a deputy.

Firearms/Shooting

Resolution to Designate areas in which it is unlawful to discharge firearms 

BEFORE THE BOARD OF COUNTY COMMISSIONERS
COUNTY OF GILPIN, STATE OF COLORADO
RESOLUTION TO DESIGNATE AREAS IN WHICH IT IS UNLAWFUL TO DISCHARGE FIREARMS
PURSUANT TO C.R.S. 30•15-302.


WHEREAS, the Board of County Commissioners of Gilpin County has the power, pursuant to Colorado law, to designate by resolution areas in the unincorporated areas of the County, having a population density greater than 100 persons by square mile, in which the discharge of firearms not in accordance with Colorado Revised Statutes 30-15-302 shall be prohibited; and 

WHEREAS, significant growth in population In Gilpin County has taken place since 1975, when a similar resolution was passed, and many more platted subdivisions In the County now exist with sufficient density to qualify for such prohibition; and

WHEREAS, upon adoption of this resolution, the discharge of a firearm in any of these designated areas, other than under circumstances whereby such firearm can be discharged in such a manner as not to endanger persons or property and also in such a manner as to prevent the projectile from any such  firearm from traversing any grounds or space outside the limits of a shooting gallery, grounds, or residence, shall be a misdemeanor, subject to a fine of not more than one hundred dollars, except that nothing in this section shall  be construed to restrict or otherwise affect any person's constitutional right to bear arms or his right to the defense of his person, his family, or his property; and

WHEREAS,  upon  due and proper  notice, published or  posted In accordance  with  the  law,  a  public hearing  was held on December  17, 2013, at the County Courthouse, Central City, Colorado, and  interested residents and landowners were given the opportunity to file or register any objections to said resolution;

NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of the County of Gilpin as follows:

that the discharge of firearms, subject to the restrictions in in C.R.S. 30-15-302, is hereby prohibited in the platted subdivisions in Gilpin County as listed on the attached Exhibit A.

Adopted this 17th day of December, 2013, by a vote of  3 to 0.

Attest: 

Sharon E. Cate,

Deputy Clerk to the Board

 

Board of County Commissioners,

County of Gilpin

Buddy Schmalz, Chair

 

Exhibit A

Aspen Springs

Baltimore   

Braecher Ranchettes

Brickey Highlands   

Bun-Gun Zhing-Wak   

Byron Hacker's Lots    

Carters 

Carters #1  

Carter's Addition #2  

Chalet Park   

Colorado Sierra Alpha 

Colorado Sierra Beta 

Colorado Sierra Delta 

Corona Heights

Dory Lakes 

Fiddler's Green 

Forest Hills 

Gilpin-Gardens 

Glen Mawr

Golden Gate Canyon

Golden Gate Park Estates 

Hilltop Lots

Isle Of Pines

Kingdom Of Gilpin 1-6 

La Chula Vista #2

La Chula Vista Ranch

Lakeview 

Lincoln Hills 

Mary Anna

Meadowlake Mountain Acres 

Mineral Acres

Missouri Lakes #1

Missouri Lakes #2

Missouri Lakes #3

Mountain House 

Mountain Meadows 

Pactoius Acres 

Pine Aspen

Pita

Qulen Sabe 1,2,3 

Range View 

Rock Crest

Rollinsvllle Heights 

Severance Lodge 

Skydale

Sleeping Giant

Snowline Ranch 1st Addition 

Snowline Ranch Estates

South Pinecliffe

Sunrise Heights

Taylor Subdivision

Tolland Township

Town of Rollinsville

Wallen's

Wedgwood Wilderness #1

Wedgwood Wilderness #2

Wheeler

Whispering Pines

Wondervu Project

Wondervu Ranch #1

Marijuana

BOARD OF COUNTY COMMISSIONERS COUNTY OF GILPIN

AN ORDINANCE: (1) CONTINUING THE PROHIBITION ON ALL RETAIL MARIJUANA ESTABLISHMENTS AND MEDICAL MARIJUANA OPERATIONS WITHIN UNINCORPORATED GILPIN COUNTY WITH THE EXCEPTION OF UP TO THREE MARIJUANA CULTIVATION FACILITIES AND ROCKY MOUNTAIN ORGANICS' CURRENT RETAIL MARIJUANA STORE;
(2) APPLYING THE SPECIAL USE REVIEW PROCESS AND CREATING A LICENSING AUTHORITY AND PROCEDURE TO LICENSE UP TO THREE MARIJUANA CULTIVATION FACILITIES ON CERTAIN COMMERCIALLY ZONED PROPERTY WITHIN UNINCORPORATED GILPIN COUNTY AND GIVING ROCKY MOUNTAIN ORGANICS A PREFERENCE FOR ONE OF THE THREE LICENSES; (3) CONDITIONALLY CONTINUING AUTHORIZATION FOR ROCKY MOUNTAIN ORGANICS' EXISTING RETAIL MARIJUANA STORE; (4) CONDITIONALLY ALLOWING DUAL OPERATIONS BY ROCKY MOUNTAIN ORGANICS OF ITS RETAIL MARIJUANA STORE AND A RETAIL MARIJUANA CULTIVATION FACILITY AT ITS SAME LOCATION IF ALLOWED BY AND IN COMPLIANCE WITH STATE LAW, GILPIN COUNTY'S ZONING REGULATIONS, AND GILPIN COUNTY'S SPECIAL USE REVIEW AND LICENSING PROCESS SET FORTH HEREIN; (5) LIMITING THE CULTIVATION, GROWTH, OR PRODUCTION OF MARIJUANA PLANTS ON RESIDENTIAL PROPERTY WITHIN UNINCORPORATED GILPIN COUNTY TO A MAXIMUM OF TWELVE MARIJUANA PLANTS PER RESIDENTIAL LOT OR PARCEL REGARDLESS OFTHE NUMBER OF MEDICAL PATIENTS, MEDICAL CAREGIVERS, OR RECREATIONAL PERSONAL USE GROWERS OCCUPYING THE RESIDENTIAL LOT OR PARCEL; AND (6) REPEALING AND REPLACING ORDINANCE NO. 13-02 AND RESOLUTION NO. 12-21.

WHERE AS, the Board of County Commissioners are empowered under the Colorado Constitution Article 18, Section 16(5)(f), to regulate and prohibit or allow in whole or part or on condition marijuana establishments, as defined therein, within the unincorporated portions of Gilpin County;

WHEREAS, the Board of County Commissioners are empowered under the Colorado Constitution Article 18, Section 14, C.R.S. § 12-43.4-101 et seq., and C.R.S. § 12-43.3-101 et seq, and specifically C.R.S. § 12-43.3- 106, to regulate and prohibit or allow in whole or part or on condition the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturer licenses, as defined therein, (collectively referred to herein as "medical marijuana operations") within the unincorporated portions of Gilpin County;

WHERE AS, the Board of County Commissioners are authorized pursuant to, inter alia, Colorado Constitution Article 18, Section 16, the Colorado Retail Marijuana Code, C.R.S. §§ 12-43.4-101, et seq. and the Colorado Constitution Article 18, Section 16, the Medical Marijuana Code, C.R.S. §§ 12-43.3- 101 et seq., as well as C.R.S. § 30-11-101 et seq. (county powers and functions), C.R.S. §§30-15-101, et seq. (county police powers), and C.R.S. §§ 30-28-101, et seq., (county planning and building regulations) to regulate marijuana establishments and medical marijuana operations in the unincorporated areas of Gilpin County;

WHEREAS, under C.R.S. § 30-11-101 (2), the Board of County Commissioners ("Board") is vested with general authority to adopt and enforce ordinances required to preserve the public health, safety and welfare;

WHEREAS, the Board is further empowered to enforce the law and to prevent and abate nuisances within the unincorporated portions of Gilpin County; 

WHEREAS, the Board of County Commissioners has determined that it is in the interest of public health, safety and welfare of the residents of Gilpin County that regulations governing the local impacts of growing, cultivation and processing of marijuana be adopted;

WHEREAS, by Resolution No. 12-21, the Board of County Commissioners prohibited all medical marijuana operations with the exception of three nonconforming uses described in Resolution No. 12-21 (Rollinsville Mountain Meds, Alternative Medical Supply, and Rocky Mountain Organics) subject to certain requirements recited therein. By Ordinance No. 13-02, the Board of County Commissioner continued this prohibition and modified the exception for existing nonconforming uses to allowing just Alternative Medical Supply and Rocky Mountain Organics because Rollinsville Mountain Meds discontinued operations and was abandoned per Gilpin County Zoning Ordinance 2.4. Ordinance No. 13-02 also allowed these two businesses to obtain a dual operation for medical marijuana operations and a retail marijuana store or alternatively to operate only a retail marijuana store. Alternative Medical Supply subsequently discontinued operations and was abandoned per Gilpin County Zoning Ordinance 2.4.

WHEREAS, Ordinance No. 13-02 prohibited all other marijuana establishments and medical marijuana operations within the unincorporated portions of Gilpin County;

WHEREAS, the Colorado licensing authority responsible for issuing State medical and retail marijuana business licenses is the Executive Director of the Department of Revenue, who has created the Marijuana Enforcement Division ("MED") for this purpose. In September 2013, Rocky Mountain Organics obtained a license from MED for a medical marijuana center and a license for a medical marijuana optional premises cultivation operation (grow). In January 2014, Rocky Mountain Organics obtained a retail marijuana store license and a retail marijuana cultivation facility license from MED. In August 2014, Rocky Mountain Organics surrendered its medical marijuana center license and medical marijuana optional premises cultivation operation (grow) license. Rocky Mountain Organics' prior medical marijuana operations were discontinued and abandoned per Gilpin County Zoning Ordinance 2.4. Rocky Mountain Organics currently operates a MED licensed retail marijuana store and a MED licensed retail marijuana cultivation facility.

WHEREAS, Rocky Mountain Organics erroneously obtained a retail marijuana cultivation license from MED in contravention of Gilpin County's prohibition on such retail marijuana establishments pursuant to Ordinance No. 13-02. The issuance of this license was also in error as it allowed dual operation of Rocky Mountain Organics' retail marijuana cultivation facility with Rocky Mountain Organics ' existing retail marijuana store, despite the absence of statutorily required authorization from Gilpin County allowing this dual operation.

WHEREAS, Gilpin County was not previously aware of these errors involving Rocky Mountain Organics' retail marijuana store and retail marijuana cultivation facility licenses. These errors need to be addressed and corrected.

WHEREAS, these errors violate State law that requires Gilpin County's approval allowing retail marijuana cultivation facilities in Gilpin County. These errors also violate State law that requires Gilpin County' s approval in order to have dual operations for multiple marijuana establishments at the same location. These errors also violate Gilpin County's Zoning Regulations and Ordinance No. 13-02. Based on these violations, Rocky Mountain Organics is no longer entitled to operate its retail marijuana store as a nonconforming use per Ordinance No. 13-02. 

WHEREAS, the Board otherwise authorizes Rocky Mountain Organics to continue to operate its existing retail marijuana store, subject to the conditions and requirements of this Ordinance.

WHEREAS, it is the finding of this Board that allowing marijuana cultivation facilities as that term is defined in Colorado Constitution Article 18, Section 16(2) though the Gilpin County's Zoning Regulations special use review process on certain commercially zoned property within the unincorporated portions of Gilpin County as set forth in this Ordinance is in the interest of the public health, safety, and welfare of the residents of Gilpin County;

WHEREAS, the Board desires to authorize licensing of up to three retail marijuana cultivation facilities on specifically commercially zoned property in unincorporated Gilpin County subject to State law and Gilpin County Zoning Regulations including without limitation special use review procedures. The Board wants to establish specific standards for local licensing, and prescribe the manner, zoning, distance, and other requirements by which marijuana cultivation facilities can be operated in Gilpin County;

WHEREAS, it is further the finding of this Board that continuing the prohibition on all other types of marijuana establishments as that term is defined in Colorado Constitution Article 18, Section 16(2) and medical marijuana operations as defined herein, with the exception of Rocky Mountain Organics' retail marijuana store, within the unincorporated portions of Gilpin County is in the interest of the public health, safety, and welfare of the residents of Gilpin County;

WHEREAS, the Board is empowered to allow a dual operation for medical marijuana operations and retail marijuana establishments at the same location pursuant to C.R.S. § 12-43.4-401(2). Specifically, the Board may allow Rocky Mountain Organics to operate a dual operation for its retail marijuana store and retail marijuana cultivation facility at its existing location if allowed by and in compliance with State laws, regulations, and rules and Gilpin County's Zoning Regulations including without limitation the special use review process and this Ordinance.

WHEREAS, the Colorado Legislature passed H.B. 17-1220 that limits the number of marijuana plants that can be cultivated, grown, or produced on residential property as that term is defined therein to a maximum of twelve (12) plants, regardless of whether the plants are for medical or recreational use and regardless of the number of persons residing temporarily or permanently at the residential property, subject to the discretionary power of counties and municipalities to allow up to twenty-four (24) plants if certain requirements enumerated in H.B. 17-1220 are met. H.B. 17-1220 by its terms takes effect January 1, 2018; and

WHEREAS, it is the intent of this Ordinance to regulate these matters and the local impacts of these matters as allowed under the Colorado Constitution, Article 18, Sec. 14; Colorado Constitution, Article 18, Sec 16; the Colorado Revised Statutes including without limitations the statutory provisions of H.B. 17-1220 effective January 1, 2018; and State rules and regulations including without limitations the Code of Colorado Regulations regarding the same.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS AS FOLLOWS:

PROVISIONS

  1. Continued Prohibition of All Marijuana Establishments and Medical Marijuana Operations in Unincorporated Gilpin County Except One Existing Retail Marijuana Store Owned by Rocky Mountain Organics and Up to Three Retail Marijuana Cultivation Facilities as May Be Approved and Licensed per this Ordinance.
    1. 1.1. Subject to the exceptions described in 2 of this Ordinance (up to three marijuana cultivation facilities on certain commercially zoned property) and 3.2 (Rocky Mountain Organics' existing retail marijuana store), all marijuana establishments including marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores, as defined in Colo. Const. Art. 18, Sec. 16(2) and as defmed in C.R.S. § 12-43.4-102, and all medical marijuana operations as described herein continue to be prohibited from operating within the unincorporated portions of Gilpin County.
  2. Marijuana Cultivation Facilities on Certain Commercially Zoned Property- Special Use Review Approval Process and Licensing.
    1. 2.1 Up to a maximum of three (3) retail marijuana cultivation facilities as that term is defined by Colo. Const. Art. 18, § 16 on certain commercially zoned property within the unincorporated portions of Gilpin County are allowed by the Board of County Commissioners. Specific approval of such facilities shall be pursuant to this Ordinance, the Gilpin County Zoning Regulations including the Special Use Review process (SUR), Gilpin County Building Codes, and Gilpin County Marijuana Licensing Regulations as set forth herein.
    2. 2.2 Rocky Mountain Organics (Site Address: 5312 Highway 119), currently operating a retail marijuana store and a retail marijuana cultivation facility in Gilpin County is granted a preference in applying for one of the three retail marijuana cultivation facility licenses at its current location. The Board in its discretion offers this preference for several reasons including without limitation that Rocky Mountain Organics is an existing marijuana business in Gilpin County, hasoperated in compliance with Gilpin County and State requirements with the exception of the licensing error discussed herein. Rocky Mountain Organics is entitled to this preference for a period of six months from the dateof enactment of 2 ofthis Ordinance to apply for SUR approval and start the process as provide herein.
    3. 2.3 Any person or entity ("Applicant") seeking to operate one of the three retail marijuana facilities shall first be required to go through Gilpin County' s Zoning Regulations SUR process, Gilpin County Zoning Regulation 2.5.
    4. 2.4 If the Applicant is successful in obtaining SUR approval from the Board of County Commissioners for a retail marijuana cultivation facility, the Applicant will then be required to obtain a license from the Gilpin County Local Licensing Authority described in 2.5 of this Ordinance.
    5. 2.5 The Gilpin County Board of County Commissioners ("Board") shall be the Local Licensing Authority ("Authority'') and may appoint in its sole discretion any individual , official, personnel or department to serve in this capacity. The Board hereby appoints the Director of Community Development or his designee to act in that capacity.
    6. 2.6 On or after the effective date of,r2 of this Ordinance as described in ,r7.8, Gilpin County shall accept applications for the three retail marijuana cultivation facilities, which shall be reviewed and considered on a first come first serve basis, subject to the preference given to Rocky Mountain Organics as described in ,r2.2. The Authority will not maintain a waiting list of those filing for licenses after the three licenses are issued. Any applications not approved at that point will be rejected. It will be up to rejected applicants to resubmit an application if and when licenses become available. The Authority has no obligation to inform past applicants of future available licenses but may, in its sole discretion, do so.
    7. 2.7 All applications shall be made on forms provided by the Authority or the State and shall include any supplemental materials as required by the Authority, this Ordinance, Gilpin County's Zoning Regulations, Gilpin County Building Codes, and as required by the State or under State law. Such supplemental materials shall include without limitation a map identifying the location of the proposed cultivation facility, legal boundary lines, and distance restrictions identified in Gilpin County's Zoning Regulations demonstrating such distance requirements are met.
    8. 2.8 Concurrent Application. As may be provided for under State Regulations, upon receipt of a local licensing application under this Ordinance, the Authority may request that the State Licensing Authority - MED conduct a concurrent review of a new license application and that MED advise the Authority on any items it finds could result in denial of the license. The Applicant shall be responsible for submitting any required fees and materials directly to the State Licensing Authority - MED under State Regulation when a request is made. If the Authority receives such notice from MED, the Authority shall suspend its review of the local license until it receives a notice from the State Licensing Authority - MED that the noted deficiencies have been corrected.
    9. 2.9 Before issuing a local license to operate a retail marijuana cultivation facility, the Authority shall require that the applicant provide the requisite information necessary to determine that all of the following requirements have been met by the Applicant. The Authority may waive, at its discretion, however, any submission requirements. The Authority may refuse to accept an incomplete application.
      1. 2.9.1 Applicant has obtained SUR approval for the retail marijuana cultivation facility;
      2. 2.9.2 All application, renewal, operating and any other applicable fees have been paid;
      3. 2.9.3 The application and all supplemental and required forms have been correctly completed and submitted;
      4. 2.9.4 The Applicant has obtained a Certificate of Occupancy confirming the building and any part of the same that will be used for the retail marijuana cultivation facility complies with all applicable Building Code provisions;
      5. 2.9.5 The Applicant has submitted a detailed report showing the mitigation measures taken to mitigate odors of the operation, including air and odor purification measures prepared and approved by a professional licensed mechanical engineer to the standards in the Zoning Regulations or as otherwise required to prove proper ventilation systems so that odors are filtered and do not materially interfere with adjoining businesses or residences:
      6. 2.9.6 Proof that no zoning violations exist on the property;
      7. 2.9.7 Proof of payment of all property taxes owing on the property and that no tax liens exist;
      8. 2.9.8 Proof that all applicable state taxes have been paid during the prior licensed term;
      9. 2.9.9 Proof of ownership and possession of the property;
      10. 2.9.10 Proof that applicant has provided a copy of the Application to the Gilpin County Sheriffs Office and local fire district or department;
      11. 2.9.11 Proof that that no violations of State law or regulations has occurred by Applicant and if they have occurred, how Applicant has satisfactorily corrected and mitigated any past violation;
      12. 2.9.12 Applicant has submitted a copy of the State MED license(s) and proof of compliance with any State requirements related to the same;
      13. 2.9.13 Proof that the nature and location of any existing or proposed exterior lighting and signage complies with all applicable signage provisions of the Gilpin County Zoning Regulations and any additional conditions as may be required by the Authority;
      14. 2.9.14 Listing of all uses of the property and the uses of properties immediately surrounding the proposed licensed property;
      15. 2.9.15 Proof of adequate water supply for the current and/or proposed retail marijuana cultivation facility;
      16. 2.9.16 The Applicant must provide any other additional information or material that, in the discretion of the Authority, is necessary to make any determination under this Ordinance;
    10. 2.10 State License Requirements. Should the Authority approve an application for a license, no such license shall be issued or effective until and unless the State Licensing Authority- MED has approved the issuance of a State license for the proposed licensed retail marijuana cultivation facility premises. The Authority shall defer to the State MED to enforce the requirements of the State license and State Regulations.
    11. 2.11 Inspection and Certificate of Occupancy. All marijuana cultivation facilities, regardless of purpose or plant count, shall obtain a Certificate of Occupancy from the Gilpin County Community Development Department for all indoor space where marijuana would be cultivated, grown, or produced. Gilpin County personnel shall be entitled to inspect the property and the indoor space where marijuana would be cultivated, grown, or produced at reasonable times upon 24-hour written or telephonic prior notice to the property owner. An inspection by Gilpin County confirming the cultivation facility is in compliance with Gilpin County's Building Codes and Colorado law is required for issuance of a Certificate of Occupancy. Applicant shall timely provide any records or documents requested by the Authority related to the license or cultivation facility.
    12. 2.12 The Authority shall grant, conditionally grant or deny a license based solely upon the Authority's investigation and findings, and no public hearing shall be required.
    13. 2.13 The Authority may deny any application or revoke any license that is not in full compliance with this Ordinance, Gilpin County Zoning Regulations , or State license requirements or law.
    14. 2.14 Term of License. Licenses are valid for a period of one year from the date of issuance. Licenses may be arurnally renewed at the discretion of the Authority subject to any changes in this Ordinance existing at the time of renewal. A licensee shall submit a renewal application at least fort y-five days before the expiration date of the license. Upon denial or revocation of a State license, any license issued under these regulations shall be null and void. If a court of competent jurisdiction determines that the issuance oflocal licenses violates State or federal law, all licenses issued under these regulations shall be deemed irrunediately revoked by operation oflaw, with no ground for appeal or other redress on behalf of the licensee. Notwithstanding the provisions of this paragraph, a licensee whose license has been expired not more than 60 days may file a late renewal application upon payment of a nonrefundable late fee as provided herein to the Authority. Such fee shall be considered additional operating fees for the processing of the late application. A licensee who files a late renewal application and pays the requisite fees may continue to operate until the Authority takes final action to approve or deny the licensee's late renewal application. However, late renewal applications without good cause may be grounds for denial of the license renewal application.
    15. 2.15 License and other Fees. All fees are nonrefundable if and once the license is issued and will not be prorated if the licensed holder ceases operations for any reason or if the license is revoked as provided herein. The fees are to cover the County's costs including without limitation admin istration, inspections, enforcement , and attorney review and assistance in the app lication, approval, compliance, and enforcement process. Fees may be adjusted by the Board of County Commissioners as may be determined by the Board in its sole discretion. Fees apply to each license issued to the property. Gilpin County fees are as follows:
      1. 2.15.1 Initial License Application Fee:    $5,000.00
      2. 2.15.2 Annual Operating Fee:    $15,000.00
      3. 2.15.3 Annual License Renewal Fee:    $2,500.00
      4. 2.15.4 Modification of Premises Fee:    $10,000.00
      5. 2.15.5 Late Fee: 20 percent of the amount due
    16. 2.16 Retail marijuana cultivation facilities shall be located in accordance with Gilpin County Zoning Regulations.
    17. 2.17 Licensees shall at all times maintain the following:
      1. 2.17.1 An active, up to date State license for any operation requiring a license.
      2. 2.17.2 An active, up to date local license issued by the Authority.
      3. 2.17.3 All marijuana and cultivation operations shall be located completely within an enclosed, alarmed and secure building.
      4. 2.17.4 Marijuana cultivation facility activities shall only take place indoors and shall not be visible from the outside including but not limited to from a public sidewalk or right­ of-way
      5. 2.17.5 The consumption or inhalation of marijuana on or within the property or premises is prohibited.
      6. 2.17.6 The sale or consumption of alcohol on the property or premises is prohibited.
      7. 2.17.7 The premises satisfy all Building Codes and Fire Codes and are equipped with proper ventilation systems so that odors are filtered and do not materially interfere with adjoining businesses or properties.
      8. 2.17.8 All signage must comply with Gilpin County Zoning Regulations.
      9. 2.17.9 Posted notice shall be onsite that provides the following warnings:
        1. 2.17.9.I Possession and distribution of marijuana is in violation of federal law;
        2. 2.17.9.2 Loitering in and around a marijuana business is prohibited by Colorado law;
        3. 2.17.9.3 The use or consumption of marijuana on site is prohibited and may impair a person's ability to drive a motor vehicle or operate machinery, and it is illegal to drive a motor vehicle or to operate machinery when under the influence or impaired by marijuana.
      10. 2.17.10 All business activities shall be done from a fixed location. No business shall be operated from a moveable, mobile, or transitory location.
      11. 2.17.11 Prior to operating, Applicant or licensee must obtain and comply with the terms of all applicable Gilpin County and State licensing.
    18. 2.18 Marijuana businesses requiring a State license shall be prohibited from operating as a Residential-based Business.
    19. 2.19 All permitted marijuana activity shall take place entirely indoors and in compliance with this Ordinance, Gilpin County Zoning Regulations, and Colorado law.
    20. 2.20 No Transfer of Ownership. Any license issued under this Ordinance is not transferrable or assignable. Any change in ownership shall require a new license.
    21. 2.21 Change of Location. Any license granted under this Ordinance is limited to the location specified in the license application. Operation of a marijuana cultivation facility at a new location requires a new license. Operating fees paid for a prior location may not be applied to the new location. When making a change of location application, any existing licensee in good standing shall be given a preference for a new license subject to the meeting the requirements for obtaining new license and authority of the Authority to approve or deny any license as set forth herein.
    22. 2.22 Hours of Operation. Activity, traffic, and outside work to and from and on the property on which a retail marijuana cultivation facility is located must cease between the hours of IO p.m. and 7 a.m. Indoor work may continue without limitation so long as such work and noises and light from such work do not create a nuisance to the surrounding properties.
    23. 2.23 Violations. The Authority, in its reasonable discretion, may suspend or revoke a license for any of the reasons set forth in this Ordinance. If the Authority determines that a violation has occurred, it shall document the violation and notify the violator in writing of any suspension or revocation. Notifications and decisions of the Authority may be delivered by mailing to the address submitted to the Authority on the most recent application, posting on the premises, or by personal service. Notifications shall be deemed received three (3) business days after placement in the United States Mail, one (1) business day after posting on the licensed premises, and on the day of personal service. The Authority also has the ability to issue a notice to correct any continuing violation in lieu of a suspension or revocation. Licensees will comply with the notices to correct issued by the Authority within ten ( I0) days of notification. Failure to timely correct such violation will also be grounds for immediate suspension or revocation as may be ordered by the Authority in its discretion. The Authority, in its sole discretion, may accept a fine-in-lieu of suspension or revocation in an amount between $500 and $5,000.00 as determined by the Authority.
    24. 2.24 No Entitlements. No person shall have an entitlement or vested right to a license under this Ordinance, Gilpin County's Zoning Regulations, local zoning approvals, or any local building permits. Any license issued hereunder is a revocable privilege subject to the oversight and authority of Gilpin County and the State. This Ordinance, Gilpin County Zoning Regulations and Building Codes and applicable regulations, rules, requirements, and zoning may be changed or amended from time to time. Such changes or amendments may preclude the continuance, renewal, and/or further issuance of licenses previously granted or allowed. As of the date of the enactment of this Ordinance, the use, possession, distribution, and sale of marijuana is illegal under federal law and those engaged in such activities do so at their own peril and risk of criminal prosecution. Any license given hereunder does not provide any exception, defense, or immw1ity to any person in regard to any potential criminal liability the person may have for the production, distribution, or possession of marijuana.
    25. 2.25 Denial of License or Renewal. The Authority may deny a license or renewal for any reason articulated in State law, regulations and rules, the Gilpin County Zoning Regulations, Gilpin County Building Codes, and this Ordinance including, but not limited to, the following:
      1. 2.25.1 Submission of an incomplete application;
      2. 2.25.2 Submission of a late renewal without good cause for such delay;
      3. 2.25.3 Violation or failure to comply with any terms, conditions, or provisions of State law or Regulations, the Gilpin County Zoning Regulations, Gilpin County Building Codes, or this Ordinance;
      4. 2.25.4 Failure to comply with any special or other terms or conditions that were placed in the license by the State or this Authority. Pursuant to C.R.S. § 12-43.4-309, the Authority is authorized to impose any conditions that in its reasonable discretion are necessary or beneficial to address odors, neighborhood compatibility, and safety issues of any proposed license;
      5. 2.25.5 Operation of the premises in a manner that adversely affects the public health, safety, or welfare of the immediate neighborhood in which the marijuana business is located;
      6. 2.25.6 Failure by Applicant or an entity associated with or related to the Applicant to obtain or remain in good standing with an additional current or past retail marijuana cultivation facility license, other retail marijuana or medical marijuana license, or any other license.
      7. 2.25.7 Exceeding the three-license cap set forth in ,i2.1 herein.
    26. 2.26 Decision and Appeal. Any decision of the Authority regarding an application, renewal, suspension or revocation shall be in writing specifying the reasons for the decision. Decisions may be delivered and will be deemed received as set forth in this Ordinance. Within ten (10) days of a decision, the Applicant or licensee may request that the Authority reconsider its decision by submitting a letter to the Authority clearly stating the grounds for the request. In respon se, the Authority may deny the request or issue a revised decision. The decision of the Authority shall constitute a final administrativeagency decision appealable to the Gilpin County Board of County Commissioners. The procedures followed on such appeal shall be in the form provided by Gilpin County Zoning Regulation 1.5, with the exception that the Board of County Commissioners shall hear and decide the appeal. No additional hearing or appeal rights including, but not limited to, such hearings allowed under C.R.S. § 12-43.4-302, shall be provided to applicants under this Ordinance or otherwise. At all times, the licensee or applicant bears the burden of proving the Authority' s denial of the license was arbitrary and capricious and an abuse of discretion. If an appeal is filed, the Authority's decision shall be stayed until such appeal is finally resolved by the Board of County Commissioners.
    27. 2.27 Severability. If any provision of this Ordinance is found to be invalid bya court of competent jurisdiction , only the provision subject to the court decision shall be repealed or amended. All other provisions shall remain in full force and effect; subject, however, to the Board of County Commissioners exercise of discretion to determine that such severed provision is too important, material or fundamental to the Ordinance that the entire Ordinance must be invalidated.
  3. Conditionally Continuing Authorization for Rocky Mountain Organics' Existing Retail Marijuana Store
    1. 3.1. Rocky Mountain Organics (Account#: P015383, Site Address: 5312 Highway 119), initially allowed to operate as a retail marijuana store in Gilpin County per Ordinance 13-02, shall not be subject to Gilpin County' s prohibition on marijuana establishments under this Ordinance.
    2. 3.2. Rocky Mountain Organics' retail marijuana store is limited to the floor area existing on August 20, 2013, the date of adoption of Ordinance No. 13-02 and there can be no change in ownership of the location or store.
    3. 3.3. The Board of County Commissioners in its sole discretion may impose additional conditions and requirements on Rocky Mountain Organics retail marijuana store including without limitation imposition of licensing requirements and fees.
    4. 3.4. Rocky Mountain Organics is required to comply with Colorado law and State MED license requirements, and all applicable Gilpin County Zoning Regulations and Building Codes, and this Ordinance. Any failure to do so may, in the Board' s sole discretion, result in the Board revoking its authorization for the continued operation of this retail marijuana store.
  4. Dual Operations by Rocky Mountain Organics for a Retail Marijuana Store and a Retail Marijuana Cultivation Facility at the Same Location
    1. 4.1. Gilpin County will allow Rocky Mountain Organics to have a dual operation at its current 5312 Highway 119 location for its retail marijuana store and retail marijuana cultivation facility if a dual operation is allowed by and in compliance with State laws, regulations, and rules, Gilpin County's Zoning Regulations and Building Codes, and the other requirements of this Ordinance.
    2. 4.2. Rocky Mountain Organics will only be allowed to operate a retail marijuana cultivation facility, however, if it complies with the requirements of 2 of this Ordinance including without limitation obtaining a special use permit approved by the Board of County Commissioners for that special use and the required Certificate of Occupancy from the Gilpin County Community Development Department.
  5. Limitation on the number of marijuana plants that may be cultivated, grown, or produced on residential property as that term is defined in H.B. 17-1220.
    1. 5.1. Marijuana plant cultivation , growth, or production is allowed by State law on residential property within unincorporated Gilpin County by registered medical marijuana patients and/or their caregivers, and by recreational marijuana users for personal use.
    2. 5.2. A maximum of twelve (12) marijuana plants as that tennis defined in H.B. 17-1220 may be cultivated, grown, or produced on a residential property which shall be further defined as a singular, specific, legal and defined lot or parcel, regardless of whether the plants are for medical or recreational use, and regardless of the number of medical patients, medical caregivers , or recreational personal use growers occupying the specific lot or parcel. The lot or parcel shall include all buildings or structures located on the specific lot or parcel.
    3. 5.3. Any residential property on which marijuana is cultivated, grown, or produced, regardless of purpose or plant count, shall obtain a Certificate of Occupancy from the Gilpin County Community Development Department for all indoor space where marijuana would be cultivated, grown, or produced. The space within the residential property where marijuana is cultivated, grown or produced shall meet all applicable requirements of Gilpin County's Zoning Regulations and building codes including a mandatory occupancy class review and reclassification of any such spaces. Gilpin County personnel shall be entitled to inspect the property and the indoor space where marijuana would be cultivated, grown, or produced upon prior reasonable notice to the property owner. An inspection by Gilpin County personnel confirming the residential grow operation and space is in compliance with Gilpin County's Zoning Regulations and building codes and Colorado law is required for issuance of a Certificate of Occupancy.
    4. 5.4. A property owner shall not be in violation of this Ordinance if failure to obtain a Certificate of Occupancy is not due to actions by the property owner but are instead due to the Gilpin County Community Development Department's delay in conducting the required inspection.
  6. Repeal of Ordinance No. 13-02 and Resolution No. 12-21. This Ordinance 17-01 repeals and replaces prior Resolution No. 12-21 and Ordinance No. 13-02.
  7. General and Other Provisions.
    1. 7.1. Inspection. Subject to the requirements and limitations of this Ordinance and pursuant to applicable State statutes, upon showing proper identification, Gilpin Sheriff Office personnel and County building and zoning officials shall have the right to request entrance into any structure within the County where marijuana is being grown, cultivated, or processed during reasonable hours for the purpose of conducting a physical inspection of the premises to determine if the premises comply with the requirements of this Ordinance and all other applicable regulations. If such entry is refused, the County shall have recourse to every remedy provided by law to secure entry and take such other enforcement action as may be deemed appropriate.
    2. 7.2. Penalties. In addition to any penalties otherwise required or imposed by the County herein or by State law, any person who violates this Ordinance commits a class 2 petty offense and upon conviction thereof, shall be punished by a fine of not more than $ I 000.00 for each separate violation, provided however that in the enforcement of this Ordinance, an arresting officer shall follow the penalty assessment procedure set forth in C.R.S. § 16-2-20I. Each day after the issuance of the order of the county court during which such unlawful activity continues shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this section, be the subject of a continuing penalty.
      1. 7.2.1. The Board of County Commissioners hereby adopt a graduated fine schedule for such violations as follows:
        1. 7.2.1.1. First violation: $500.00 per violation
        2. 7.2.1.2. Second and all subsequent violations $1000.00 per violation.
    3. 7.3. Enforcement. The issuance of a summons and complaint for violation of this Ordinance may be by the Gilpin County Sheriff, or by the Gilpin County Community Development Director, or their designee, who are both hereby granted such authorization pursuant to C.R.S. § 30-15-402.5.
    4. 7.4. Notification of Violation. Written notice of any violation of this Ordinance shall be in accordance with i)2.23 of this Ordinance, with the exception that if the violation does not involve a retail marijuana cultivation facility license holder notice shall be provided to the owner of the property upon which the violation occurred, as shown on records of the County Assessor.
    5. 7.5. Applicability. This Ordinance shall apply throughout the unincorporated area of Gilpin County including without limitation private property, Gilpin County owned public lands, and to any incorporated town or city within Gilpin County which shall elect by ordinance or resolution to have the provisions hereof applied.
    6. 7.6. Additional Remedy. In addition to any other remedy, legal or equitable, which may be available under the terms of this Ordinance, the County may institute an action for mandatory injunctive relief, abatement or other appropriate action, to compel any responsible party to remove and abate any condition cited as contrary to the provisions of this Ordinance.
    7. 7.7. Severability. In the event any portion of this Ordinance shall be declared null and void or unenforceable by any court of competent jurisdiction, such offending provisions/shall be deemed to be deleted from this Ordinance, provided however that the remaining portions of this Ordinance shall remain in full force and effect and fully enforceable as written; subject, however, to the Board of County Commissioners exercise of discretion to determine that such severed provision is too important, material or fundamental to the Ordinance that the entire Ordinance must be invalidated.
    8. 7.8. Emergency Clause. The Board of County Commissioners finds and determines that the provisions of this Ordinance, with the exception of,15 , are essential to the immediate protection of the public health, safety, and welfare of the residents of Gilpin County. This Ordinance, with the exception of i)5, shall therefore take effect on the date of adoption of this Ordinance by the Board of County Commissioners. Paragraph 5 of this Ordinance shall not take effect until the effective date of H.B. 17-1220, which is January 1, 2018 or such later date as may be required by H.B. 17- 1220 in the event a referendum petition is filed against it or any of its provisions.

Introduced and first read the 13th day of June, 2017, and ordered published in full in a newspaper of general circulation published in Gilpin County at least 10 days prior to final adoption.
ADOPTED ON 2nd Reading THIS 11th day of July, 2017 by a vote of 3 to 0.

Slash Burns/Open Burns

GILPIN COUNTY, COLORADO OPEN BURNING
REGULATIONS, PROCEDURE AND PERMITTING
January 9, 2018
An open burning permit must be obtained by any individual, company or other entity 
prior to conducting open burning activity. The following requirements and conditions must be met in order for open burning to occur on private land in Gilpin County, Colorado.

NON-EXEMPT BURNS: Permits issued by or on behalf of the Gilpin County Sheriff’s Office are required for non-exempt burns. The following conditions must be met before an open burn permit is authorized to burn slash piles.
SLASH (BRUSH) PILES
SLASH PILE CONSTRUCTION

  • Woody materials to be burned include only clean, dry slash (limbs, branches, needles, leaves) less than 6 inches in diameter. Tree stumps, trunks or logs (greater than 6 inches) shall not be included in the slash pile and are not permitted to be burned.
  • No household trash, construction debris(building materials), lumber, tires, fence post, creosote products or wood products containing hazardous chemicals, etc. shall be burned.
  • Piles shall be constructed so that the maximum size of the pile does not exceed eight feet (8) in diameter and eight (8) feet in height. Piles shall be constructed so that no pile is closer than ten (10) feet to any adjacent standing tree trunk and tree crowns do not hang over the piles. Piles shall be located no closer to each other than twenty (20) feet. Piles should be constructed in openings or clearings whenever possible.
  • Do not place piles over or near tree stumps or adjacent to any large down dead or green logs, as they will burn for an extended period of time and will require additional control.
  • Piles shall be constructed no closer than fifty (50) feet from any structure.
  • Do not place piles near or under power lines or utility poles, drainages or waterways.
  • These pile construction requirements shall be closely adhered to; fire department personnel will inspect for pile construction standards prior to authorizing your burn permit.

WHEN YOU BURN

  • Pile burning will occur ONLY when there’s a minimum of 4 INCHES of snow cover.
  • Burning slash during a snow event is encouraged from a smoke management standpoint. It’s good etiquette to not smoke out your neighbor when burning piles; notify those neighbors around you that you are burning. From a public safety standpoint - monitor your smoke when burning near roads.
  • Should temperatures and/or wind conditions develop that cause rapid melting of the snow cover, pile extinguishment shall commence. Do not light more piles than one person can manage safely at any one time. No more than two to three piles per person at one time are recommended.
  • Pile burning may only occur after sunrise. Piles must be fully extinguished before sunset (no visible smoke). No burning will take place between sunset and sunrise.
  • Wind speeds at the time of ignitions must be 10 mph or less. If wind gusts exceed 10 mph for a period of 30 minutes or more, piles will be extinguished and mopped up (no visible smoke). Piles should be visually checked the following day of the burn; all visible smoke/associated heat should be fully extinguished.
  • No burning is allowed on holidays or holiday weekends, unless pre-authorized by the approving authority.
  • Burns must be attended at all times; permittees shall have at least one hand tool (shovel) readily available on the burn site. There must be a working telephone (fixed or cellular) readily available in case of emergency. Signed (authorized) permits will be in possession of the landowner on site when burning.
  • Permittees will notify the Gilpin County Sherriff’s Office Communications Center (Dispatch) 303-582-5511, when the burn begins and when the burn ends each day. The communications center will notify the respective Fire Protection District via phone or page that the permitted burn is scheduled for that day.
  • When permittee is burning within the Timberline Fire Protection District, the permittee will, (in addition to contacting Gilpin Sheriff Dispatch), notify the District Administrator within 24 hours prior to and upon completion of the burn at 303-582-5768
  • When permittee is burning within Coal Creek Canyon Fire Protection District, the permittee will, (in addition to contacting the Gilpin Sheriff Dispatch) notify the District Administrator within 24 hours prior to and upon completion of the burn at 303-642-3121

APPLICATION PROCESS

  • Contact your respective Gilpin County fire department or the Gilpin County Sheriff’s Office for this burn permit application and instructions.
  • Two permits are needed for non-exempt burns on private land; this County permit (on behalf of the local fire department) and a permit from the State of Colorado.
  • The state permit can be found at www.cdphe.state.co.us/ap/OpenBurning.html
    • NOTE: If your proposed slash pile burn falls within the Timberline or Coal Creek jurisdictional boundaries in BOULDER COUNTY, you must contact Boulder County Public Health Department for the permitting process; the regulations and permit can be found at: www.co.boulder.co.us/health
    • NOTE: If your proposed slash pile burn falls within Coal Creek’s jurisdictional boundaries in JEFFERSON COUNTY, you must contact Jefferson County Public Health for the permitting process; the regulations and permit can be found at http://health.jeffco.us3
  • Fire Department personnel will schedule and conduct an inspection of your burn site. If conditions of this procedural document are met, the authorized fire department person will sign and issue the permit. Permits are valid for one year from the date of signature/authorization.
  • Any governmental agency responsible for fire management or resource management(USFS, Golden Gate Canyon State Park, Colorado State Forest Service, etc.) may notify the agency of jurisdiction for an exemption to this permitting process.
  • EXEMPT BURNS: No authorization or permit is required for exempt burns. Agricultural open burning (weeds/ditches), (recreational) camp fires, outdoor fireplaces, wood stoves, outdoor wood-fired boilers and training fires are examples of exempt burns.
    • Camp Fires: Camp fires can be defined as “recreational fires” in which fires are used for non-commercial cooking of food for human consumption (barbeques), for instructional or religious purposes (bon fires) or for recreational purposes (camp fires on private land). This applies only to the burning of clean, dry wood (no treated wood, trash, etc.).
      • Camp fires must be within an enclosure, constructed of steel or other noncombustible material. Enclosure shall be no larger than three feet (3) (inside) diameter. There must be an area of at least three feet (3) of clearance of combustible materials surrounding the fire enclosure.
      • Camp fires must be attended at all times. Camp fires will be fully extinguished upon departure from the site.
      • Camp fires will not be permitted within 25 feet of any structure
      • Camp fires are permitted year round, but NOT allowed during periods of high fire danger, i.e. during fire bans or when fire restrictions are in place in Gilpin County.
        • Contact the Gilpin County Sherriff’s Office Communications Center (Dispatch) at 303-582-5511, for fire restrictions and/or fire ban information.
      • This applies to camp fires on private property in Gilpin County only; for camp fires within Golden Gate Canyon State Park (303-582-3707) or camp fires on the Arapaho and Roosevelt National Forest (303-541-5500), check with those agencies regarding permitting process, restrictions or bans.
    • Training Fires: Are fires utilized by fire or resource management agencies for training purposes.
    • Agricultural Burns: are defined as the open burning of ground cover vegetation for the purpose of preparing the soil for crop production and livestock grazing, for the clearing of irrigation ditches and fence lines and for controlling noxious weeds for “commercial agricultural operations”. Commercial Agricultural Operations are those operations in which the growing of crops or livestock is a “gainful occupation” such that the income received from the agricultural operation is greater than $500.00 per year. Properties that are “agriculturally zoned” but do not have commercial income greater than $500.00 per year will not be considered “agricultural” and are not exempt from this permitting process.
Parking On County Roads

BEFORE THE BOARD OF COUNTY COMMISSIONERS' COUNTY OF GILPIN

AN ORDINANCE REGULATING PARKING ON GILPIN COUNTY PUBLIC RIGHTS OF WAY IN THE UNINCORPORATED PORTIONS OF THE COUNTY OF GILPIN

WHEREAS, pursuant to C.R.S. §30-11-107(1)(h) and C.R.S. §43-2-108 et seq., the Board of County Commissioners of the County of Gilpin ("Board"} have full jurisdiction and authority over County roads within the unincorporated portions of the County of Gilpin; and

WHEREAS, pursuant to C.R.S. §30-11-107(1)(a), the Board has the power to make such orders concerning property belonging to the County as it may deem expedient, and to perform such duties respecting County roads as may be required by law; and

WHEREAS, pursuant to C.R.S. §30-15-401(1)(h), the Board has the power to regulate the movement and parking of vehicles on public property; and

WHEREAS, the Gilpin County Sheriff and Deputy Sheriff have authority to remove by towing any unattended motor vehicles obstructing traffic or county road maintenance, pursuant to C.R.S. §42-4-1803; and

WHEREAS, the Board has the power to prohibit parking and impose fines for parking in violation of County ordinances pursuant to C.R.S. §30-15-402; and
WHEREAS, the Board seeks to strongly discourage and prevent illegal parking on County roads with the imposition of monetary fines for parking on County road rights of way; and

WHEREAS, it is the desire of the County to set forth an orderly procedure to regulate parking of properly licensed vehicles on County road rights of way; and

WHEREAS, this Ordinance 22-05 replaces Ordinance 21-01 in its entirety which will have no further force or effect.

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GILPIN, AS FOLLOWS:

PARKING PROHIBITED ON OR WITHIN ALL COUNTY ROADWAYS

  1. Definitions.
    1. 1.1. "County Roadway" is defined as follows:
      1. 1.1.1.    County maintained road surface plus any County maintained ditches or berm area;
      2. 1.1.2.    Other adjacent County property necessary for maintaining the road surface or any portion of the road right-of-way;
      3. 1.1.3.    Any platted right-of-way;
      4. 1.1.4.    All area within a cul-de-sac;
      5. 1.1.5.    All area in a permitted snow plow turn-around;
      6. 1.1.6.    All area in a school bus turn-around;
      7. 1.1.7.    All area in an emergency turn-around;
      8. 1.1.8.    Any other County maintained road or area within a road right-of-way
    2. 1.2.    Disabled Vehicle. A "Disabled Vehicle" is a vehicle or object that will not move under its own power due to mechanical  failure, snow, or other circumstances.  This includes  without  limitation a vehicle parked on a County Roadway that is mechanically operative, but that may be ill equipped to move off of the County Roadway, including by way of example and not limitation, vehicles with inadequate tires, no chains, or two-wheel drive.
    3. 1.3.    Illegal Parking. Vehicles or other objects parked, stored, abandoned, or disabled (generally referred to as "parked") in whole or in part on a County Roadway shall be considered "Illegal Parking" unless one of the following conditions exist:
      1. 1.3.1.    Removal of Disabled Vehicle Actively Underway. The Sheriff's Department has been notified of the Disabled Vehicle and that efforts by the owner or operator of the Vehicle are actively underway to have the Vehicle removed.
      2. 1.3.2.    No Parking Is Allowed Unless County Posts Signs Allowing Parking. No parking is allowed within a County Roadway unless the County has posted signs specifically designating an area or areas for parking. In that instance, vehicles may park in the posted area but must be outside of the traveled portion of a County Roadway and at least ten (10) feet from the centerline of the traveled portion of a County Roadway. Such parking shall not be within the county road drainage ditch, culverts, or on top of any county road improvements and shall not be on private property. Such parking shall not be overnight and no vehicles shall be parked in such a manner as to interfere with traffic flow, snow removal, or County road maintenance operations.

  2. Parking Policy. Parking on or within County Roadways is prohibited. Gilpin County may impose fines and/or cause the removal or towing of vehicles or other objects for Illegal Parking on or within County Roadways as set forth herein including pursuant to C.R.S. §30-11-107(1)(a) and (h), C.R.S. §30-15- 401(1)(h), C.R.S. §30-15-402, C.R.S. §42-4-1803(2) and C.R.S. §43-2-108 et seq.

    VEHICLE REMOVAL AND TOWING

  3. Traffic Hazard/Snow Removal-Immediate Removal. Notwithstanding the parking policy or any other terms set forth in this Ordinance, in the event a parked vehicle creates an obstruction to traffic, or if it impedes snow removal or scheduled road repair, or if it impedes emergency vehicles, the vehicle shall be removed immediately under the direction of the Sheriff, pursuant to C.R.S. §42-4-1803(2).
  4. Red Tag Issuance. Either an employee of the Gilpin County Road and Bridge Department or a Deputy Sheriff shall place a red tag on a vehicle parked on a County roadway in violation of this Ordinance, unless the vehicle is to be removed in accordance with Paragraph 3. The red tag shall require the owner to remove the vehicle within 24 hours. After expiration of 24 hours, "red tagged" vehicles shall be deemed "abandoned" motor vehicles" as defined in C.R.S. §42-4-1802(1)(b).
  5.  Time Limits. The time for compliance with the red tag shall be no more than 24 hours; except that the Sheriff may in his discretion allow more time for owner compliance in the event the owner notifies the Sheriff of a verifiable emergency that prevents the owner from timely removing the vehicle. Owner shall in any event cause removal of the vehicle within 72 hours.
  6. Courtesy Call. The person placing the red tag may request the Sheriff's Dispatcher to telephone, if possible, the vehicle owner as a courtesy to request the owner's cooperation.
  7. Follow-Up. The person placing a red tag shall follow-up or arrange for follow-up at the time of red tag expiration. If the tagged vehicle remains in violation at the expiration of the red tag, it shall be towed in accordance with established procedures.
  8. Sheriff Action. Should a tow be required, the tow shall be carried out under the direction of the Sheriff's Department in accordance with C.R.S. §42-4-1803.
  9. Repeat Violations. If a vehicle has been red tagged once, at a second occurrence it may be towed immediately.
  10. Costs and Towing Fees. Costs of removal and any towing fees shall be the responsibility of the vehicle owner. Gilpin County is not obligated to pay the costs or fees for towing. If Gilpin County incurs any costs or towing fees in the removal or towing process, Gilpin County is entitled to payment and collection of those costs and fees. Such costs and fees shall be paid within 30 days of notice sent to the vehicle owner of the costs and fees, if any, incurred by Gilpin County. Gilpin County is entitled to recover any costs or restitution as may be allowed by law. Private towing companies may be used to remove or tow illegally parked vehicles. The County has no control over, and does not regulate, the rates charged by any tow company.
    FINES
  11. Violations of this Ordinance - Fines. Pursuant to C.R.S. §30-15-402, any person who violates any provision of this Ordinance shall be guilty of a class B traffic infraction. Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any other federal, state, or local law, order or regulation. Pursuant to C.R.S. §42-4-1701(4)(a)(l)(M) and C.R.S. §30-15- 402(2)(a) for each separate offense, the penalty for any person found to violate this Ordinance shall be subject to a graduated fine schedule and punished by fines and surcharges of:
    1. 11.1.    First Violation:    Thirty Dollars ($30.00) with a surcharge of ten dollars ($10.00)
    2. 11.2.    Second Violation:    Fifty-Five dollars ($55.00) with a surcharge of ten dollars ($10.00)
    3. 11.3.    Subsequent Violations: One hundred five dollars ($105.00) with a surcharge of ten dollars ($10.00)
  12. Continuing Violation. Each day after the issuance of an order of the Gilpin County Court during which the illegally parked vehicle remains shall be deemed a separate violation subject to continuing fine penalties.
  13. Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any other federal, state, or local law, order or regulation.
  14. Signage. Signage shall be installed indicating the locations of no parking under this Ordinance. Signage shall be appropriately worded and placed within or adjacent to County Roadways to provide notice to the public of this Ordinance.
  15. Penalty - Fine Assessment Procedure.
    1. 15.1. The penalty assessment procedure provided for in C.R.S. §16-2-201 shall be followed for any violation of this Ordinance. Any person who violates any provision of this Ordinance shall be given a penalty assessment notice by the apprehending peace officer or by the designated County enforcement personnel. The penalty assessment notice shall be a summons and complaint which contains: (i) the identity of the alleged offender by name and address, (ii) specifies the offense with which the person is charged; (iii) states the fine which may be paid directly or by mail to the Gilpin County Treasurer at their office or P.O. Box in Central City, CO, or if available electronically online through a Gilpin County online payment portal or via some other online electronic process and (iv) states the requirement that the alleged offender either pay the fine to the Gilpin County Treasurer in person or by mail, at the address specified in the penalty assessment notice within fourteen {14) days of such penalty assessment notice, or else be required to appear to answer the charge before the Gilpin County Combined Court, 2960 Dory Hill Road, at the date and time specified in the penalty assessment notice.
    2. 15.2. Any person who chooses to acknowledge that they are guilty of the charge specified in the penalty assessment notice may, within fourteen (14) days of the date of issuance of the penalty assessment notice, pay a fine to the Gilpin County Treasurer in person at the Gilpin County Courthouse in Central City, CO, by mail to the County Treasurer's address as specified on the penalty assessment notice, or if available, electronically online through a Gilpin County payment portal or other online electronic process. Any such payment of the fine specified in the penalty assessment notice shall be accompanied by a copy of the penalty assessment notice signed by the person acknowledging their guilt. Timely payment of the fine specified in the penalty assessment notice shall relieve the person receiving such notice of any further obligation to appear in the Gilpin County Court, at the date and time specified in such notice, to answer the offense charged in the notice.
      GENERAL PROVISIONS
  16. Enforcement Personnel. The penalty assessment procedure provided in this Ordinance is authorized to be followed by any arresting law enforcement officer for the Sheriff's Office who are hereby granted such authorization pursuant to C.R.S. §30-15-402.5 for enforcement of any violation of this Ordinance.
  17. Payment to County Treasurer. All fines, penalties, or forfeitures for the violation of this Ordinance, but not any surcharge imposed by the Court upon conviction pursuant to C.R.S. §30-15-402, shall be paid to the County Treasurer of Gilpin County, CO, within thirty {30} days of the Court's receipt of any such fines, penalties, and/or forfeitures.
  18. Gilpin County Court Jurisdiction. Pursuant to C.R.S. §30-15-410, the Gilpin County Court shall have jurisdiction in prosecutions of violations of this Ordinance. The simplified county court procedures set forth in Part 1 of Article 2 of Title 16, C.R.S., and the penalty assessment procedures set forth in Part 2 of said Article shall be applicable to the prosecutions of alleged violations of this Ordinance. Any summons and complaint brought in the Gilpin County Court for the alleged violation of this Ordinance, shall be filed in the name of Gilpin County, by and on behalf of the people of the state of Colorado, and any process issued by the Gilpin County Court in such proceedings shall be likewise so denominated.
  19. Time Limitations on Enforcement of Ordinance Violations. All suits for the recovery of any fine and prosecutions for the commission of any offense made punishable under this Ordinance shall be barred if not commenced within one (1) year after the commission of the alleged Ordinance  offense pursuant to C. R.S. §30-15-409.
  20. Applicability. This Ordinance shall apply to all County Roadways as defined in Paragraphs 1 of this Ordinance.
  21. Additional Remedy. In addition to any other remedy, legal or equitable, which may be available under the terms of this Ordinance, the County may institute an action for mandatory injunctive relief, abatement, or other appropriate action, to compel any responsible party to remove the vehicle and abate or repair any condition to the Impacted Roads resulting from the illegal parking on an Impacted Road or cited as contrary to the provisions of this Ordinance or otherwise recovery any costs or fees owed to Gilpin County if not otherwise recoverable otherwise.
  22. Severability. In the event any portion of this Ordinance shall be declared null and void or unenforceable by any court of competent jurisdiction, such offending portion shall be deemed to be deleted from this Ordinance, provided however that the remaining portions of this Ordinance shall remain in full force and effect and fully enforceable as written; subject, however, to the Board of County Commissioners exercise of discretion to determine that such severed provision is too important, material, or fundamental to the Ordinance that the entire Ordinance must be invalidated.
  23. Emergency Clause. The Board of County Commissioners finds and determines that the provisions of this Ordinance are essential to the immediate protection of the public health, safety, and welfare of the residents of Gilpin County. This Ordinance shall take effect on the date of final adoption of this Ordinance by the Board of County Commissioners.

Introduced and first read the 1st day of November, 2022, and ordered published in full in a newspaper of general circulation published in Gilpin County at least 10 days prior to final adoption.

Approved and adopted upon second reading by a vote of 2 to 0 this 6th day of December, 2022.

Board of County Commissioners of Gilpin County

Sandy Hollingsworth, Chair

Colorado Revised Statute: ATV's/OHV's on Roads

COLORADO REVISED STATUTES


*** Titles 1 through 11, 13 through 23, and 25 through 43 of the Colorado Statutes have been updated and are current through all laws passed during the 2016 Legislative Session, subject to final review by the Colorado Office of Legislative Legal Services. Titles 12 and 24 are current through all laws passed during the 2015 Legislative Session and are in the process of being updated. ***
TITLE 33. PARKS AND WILDLIFE PARKS  
ARTICLE 14.5. OFF-HIGHWAY VEHICLES
C.R.S. 33-14.5-108 (2016)

33-14.5-108. Off-highway vehicle operation prohibited on streets, roads, and highways.

​​(1) No off-highway vehicle may be operated on the public streets, roads, or highways of this state except in the following cases:

(a) When a street, road, or highway is designated open by the state or any agency or political subdivision thereof;

(b) When crossing streets or when crossing roads, highways, or railroad tracks in accordance with section 33-14.5-108.5;

(c) When traversing a bridge or culvert;

(d) During special off-highway vehicle events lawfully conducted pursuant to the authority granted to local political subdivisions in this article;

(e) During emergency conditions declared by the proper state or local authority;

(f) When local political subdivisions have authorized by ordinance or resolution the establishment of off-highway vehicle routes to permit the operation of off-highway vehicles on city streets or county roads, but no street or road which is part of the state highway system may be so designated;

(g) When using an off-highway vehicle for agricultural purposes;

(h) When authorized under subsection (3) of this section; and

(i) When a public utility, as defined in section 40-1-103 (1), C.R.S., or a cooperative electric association, as defined in section 40-9.5-102, C.R.S., or any agent thereof designated specifically for the purpose of meter reading or repair, is using an off-highway vehicle for business purposes.

(2) Any person who violates subsection (1) of this section is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of fifty dollars.

(3) (a) Except as otherwise provided in paragraph (d) of this subsection (3), it is unlawful for a person to operate a motor vehicle on any federal public land, trail, or road unless the federal public land, trail, or road is signed or otherwise authorized for such use. A peace officer shall not enforce this paragraph (a) within an administrative unit of federal public land until the controlling land management agency identifies whether a route is available for motorized travel by maps, route markers, or signs that are available to the public and provide information to determine whether the route is authorized. Except for violations occurring within a federal wilderness area, a person who violates this paragraph (a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars. A person who violates this paragraph (a) within a federal wilderness area is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars.

(b) A person is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred fifty dollars if the person, without authorization, takes either of the following actions with regard to a sign located on federal public land that affects whether motor vehicle travel is or purports to be authorized:

(I) Removes, defaces, or destroys such a sign that was installed by the controlling land management agency; or

(II) Installs such a sign.

(c) A peace officer may enforce this subsection (3).

(d) (I) The prohibition and penalties expressed in paragraphs (a) and (b) of this subsection (3) do not apply to a peace officer in the performance of his or her official duties, a person acting at the direction of a peace officer, or a person otherwise authorized to operate a motor vehicle on the federal public land, trail, or road by legal right or by permission of the controlling land management agency, including administrative and emergency access, facility maintenance, ski area operations, oil and gas operations, logging operations, and motor vehicle use that is authorized under permits, including for special events, recreational uses, firewood gathering, and livestock operations and activities.

(II) Nothing in this subsection (3) affects any authority that the parks and wildlife commission has pursuant to law other than this subsection (3) to regulate motor vehicle travel on lands subject to the commission's jurisdiction.

HISTORY: Source: L. 89: Entire article added, p. 1366, § 1, effective April 1, 1990.L. 95: (1)(a) and (2) amended and (1)(h) added, p. 341, § 9, effective July 1.L. 99: (1)(i) added, p. 888, § 2, effective August 4.L. 2003: (2) amended, p. 1951, § 38, effective May 22.L. 2008: (1)(h)(III) added, p. 146, § 3, effective July 1.L. 2013: (1)(h) amended and (3) added, (SB 13-067), ch. 106, p. 369, § 2, effective April 4.L. 2015: (1)(b) amended, (SB 15-023), ch. 21, p. 51, § 1, effective August 5.

Cross references: For the legislative declaration contained in the 2008 act enacting subsection (1)(h)(III), see section 1 of chapter 54, Session Laws of Colorado 2008.

Colorado Revised Statute: Snowmobiles on Road

COLORADO REVISED STATUTES

*** Titles 1 through 11, 13 through 23, and 25 through 43 of the Colorado Statutes have been updated and are current through all laws passed during the 2016 Legislative Session, subject to final review by the Colorado Office of Legislative Legal Services. Titles 12 and 24 are current through all laws passed during the 2015 Legislative Session and are in the process of being updated. ***

TITLE 33. PARKS AND WILDLIFE PARKS  
ARTICLE 14. SNOWMOBILES

C.R.S. 33-14-110 (2016)

33-14-110. Snowmobile operation on roadway of streets and highways

​(1) A snowmobile may be operated on the roadway of a street or highway in this state only as provided in this section.

(2) No snowmobile may be operated on the roadway of an interstate highway or freeway except during emergency conditions declared by the proper state authority.

(3) A snowmobile may be operated on other streets and highways under the following restrictions:

(a) To cross a street or highway in the manner provided in section 33-14-112;

(b) To traverse a bridge or culvert on such street or highway;

(c) During special snowmobile events lawfully conducted pursuant to the authority granted to local subdivisions in this article;

(d) During emergency conditions declared by proper state authority;

(e) On the roadway of streets and highways which are not maintained for winter motor vehicle traffic;

(f) When local subdivisions have authorized by ordinance or resolution the establishment of snowmobile routes to permit the operation of snowmobiles on city streets or county roads. No street or road which is part of the state highway system may be so designated.

(g) When crossing railroad tracks.

HISTORY: Source: L. 84: Entire article added, p. 910, § 2, effective January 1, 1985.

 

Editor's note: This section is similar to former § 33-7-109 as it existed prior to 1984.