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The remedies provided in this article are cumulative and in addition to any other remedies available to the Code Enforcement Administrator. This part shall not be construed to preclude the Code Enforcement Administrator from seeking other remedies in addition to, or in lieu of, the remedies granted. (Ord. 82-71; Ord. 90-122; Ord. 01-42)
A. Title; Authority: This section is known as the CITY OF COLORADO SPRINGS UNDESIRABLE PLANT MANAGEMENT ORDINANCE. This section is established in accord with title 35, article 5.5, Colorado Revised Statutes.
B. Advisory Commission: The City Council shall act as the City of Colorado Springs Undesirable Plant Management Advisory Commission. The Advisory Commission shall have the powers and duties set forth in Colorado Revised Statutes section 35-5.5-107.
C. Undesirable Plants Declared: In accord with Colorado Revised Statutes section 35-5.5-108, the following plants are declared to be undesirable plants subject to this article:
1. Leafy spurge (Euphorbia esula).
2. Diffuse knapweed (Centaurea diffusa).
3. Russian knapweed (Centaurea repens).
4. Spotted knapweed (Centaurea maculosa).
5. Canada thistle (Cirsium arvense).
D. Control Of Undesirable Plants:
1. Undesirable plants located within the City limits shall be controlled. "Control" means preventing an undesirable plant from forming viable seeds or vegetative propagules.
2. Enforcement of this section is the duty of the City's Code Enforcement Administrator. As the City's enforcement delegate, the Code Enforcement Administrator has the inspection and abatement authority set forth in Colorado Revised Statutes sections 35-5.5-109 (1), (2), (3), (6), and 35-5.5-110 (3).
3. The Code Enforcement Administrator shall determine suitable methods of biological, chemical, and integrated management methods, as defined by Colorado Revised Statutes section 35-5.5-103, for the control of undesirable plants. These methods shall be reduced to writing and, upon approval by the City Council, shall be applied to private and public property in the City as may be necessary for the control of undesirable plants.
E. Arbitration Panel: In the event a landowner or occupant requests an arbitration panel as provided by Colorado Revised Statutes section 35-5.5-109 (4) or 35-5.5-110 (2), the City Council shall appoint panel members as provided by State law. All panel members shall be compensated at a rate not to exceed six dollars ($6.00) per hour, which cost shall be paid by the landowner or occupant requesting the arbitration panel.
F. Enforcement Procedure: In the event a landowner or occupant fails to comply with the notice to control identified undesirable plants or the management plan developed by the arbitration panel, the City's Code Enforcement Administrator is authorized to compel the control of the undesirable plants at the time, upon the notice, and in the manner as the City Council shall prescribe by resolution; and, upon successfully achieving the level of control called for in the notice to control or the management plan developed by the arbitration panel, to assess the whole cost thereof, including fifteen percent (15%) of the total control costs to cover inspection and other incidental costs in connection with the control, upon the tract of land where the undesirable plants are located. As provided in Colorado Revised Statutes section 35-5.5-109 (5)(a), this assessment shall be deemed a lien and collected provided by State law. In the event the undesirable weeds are located on public lands, the City's Code Enforcement Administrator shall proceed on the City's behalf as provided by Colorado Revised Statutes section 35-5.5-110.
G. Control On City Property: It is the duty and responsibility of the Code Enforcement Administrator to control all undesirable plants located upon City owned property and upon City controlled rights of way. The Mayor shall coordinate control efforts on City owned or controlled property and shall determine by written administrative directive departmental support and the cost of compliance with this subsection.
H. Public Nuisance: Those undesirable plants identified in subsection C of this section, the person's carriers, and any and all premises, plants, and things infested are declared to be a public nuisance and, notwithstanding subsections A through G of this section, the City Council may by resolution or ordinance take action, including removal and destruction of the nuisance, as it in its discretion deems necessary to protect the public health, safety or welfare, all as provided by Colorado Revised Statutes section 35-5.5-113. (Ord. 92-33; Ord. 96-111; Ord. 01-42; Ord. 11-19)
In the enforcement of this part, the Administrator shall have the right to enter property for the purpose of inspecting, abating, removing or preventing violations of this part in accord with the provisions of section 9.6.505 of this article. The Administrator shall also have the authority to enter into agreements with violators for the abatement of Code violations in accord with section 9.6.507 of this article. (Ord. 03-123)
A. It is unlawful for any person, without authorization, whether by threat or deception, to knowingly obtain or in any manner exercise control over any goods, wares, merchandise or any other thing of value having a value of less than two thousand dollars ($2,000.00) which is owned or held by and offered or displayed for sale by any stores or other mercantile establishment, and the person:
1. Intends to deprive the store or mercantile establishment permanently of the use or benefit of the thing of value; or
2. Knowingly uses, conceals, abandons or otherwise exercises control over the thing of value in such a manner as to deprive the store or mercantile establishment permanently of its use or benefit; or
3. Uses, conceals, abandons or otherwise exercises control over the thing of value intending that the use, concealment, abandonment or control will deprive the store or mercantile establishment permanently of its use or benefit.
B. For purposes of this section, "deception" includes obtaining a full or partial refund for any goods the person knows have not been paid for or attempting to purchase or purchasing any goods for which the person knows the purchase price has been altered.
C. It shall constitute prima facie evidence that a person intended to commit the offense of shoplifting if the person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on the person or otherwise and whether it takes place on or off the premises of the store or mercantile establishment. (Ord. 82-162; Ord. 83-94; Ord. 85-174; Ord. 90-25; Ord. 92-86; Ord. 98-65; Ord. 01-42; Ord. 07-141; Ord. 14-69)
If any person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on their own person or otherwise and whether such shall take place on or off the premises of the store or mercantile establishment, the concealment shall constitute prima facie evidence that the person intended to commit the offense of shoplifting. (Ord. 82-162; Ord. 83-94; Ord. 01-42)
If any person conceals or otherwise carries away any unpurchased goods, wares, merchandise or other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, the merchant or merchant's employee or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds may detain and question the person in a reasonable manner for the purpose of ascertaining whether the person is guilty of shoplifting. Questioning of a person by a merchant, merchant's employee, or peace or police officer does not render the merchant, merchant's employee, or peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention. (Ord. 82-162; Ord. 83-94; Ord. 01-42)
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