For the purpose of this subchapter, the following definitions shall apply unless the context clearly requires a different meaning. In the interpretation of the definitions set forth in this section, it is the express intent of the Board of Trustees that such definitions be liberally construed to include like matters, materials, objects or substances, whether or not the same are specifically identified. It is farther the expressed legislative intent of the Board of Trustees that the definitions not be considered mutually exclusive, and that, in the interpretation of such definitions, it is recognized that any substance, material or object may constitute litter, trash, garbage and junk at the same time. Liberal construction of definitions is deemed necessary by the Board of Trustees in order to fulfill the public purpose of this subchapter, which is to ensure that the town is maintained in a clean, healthy and attractive condition by eliminating all nuisances, including, but not limited to, the outside storage of garbage, trash, junk and related matters, objects or materials as set forth in this subchapter.
ABANDONED VEHICLE. Any motor vehicle that is:
(1) Left unattended on private property for a period of 24 hours or longer without the consent of the owner, occupant or tenant of such property or his or her legally authorized agent;
(2) Left unattended on public property, including any portion of a street or highway right-of-way, within the limits of the town for a period of 24 hours or longer, unless the owner or driver has conspicuously affixed thereto a dated notice, or otherwise notified the town of his or her intention to remove such vehicle within 72 hours, or the vehicle is parked on a public street within 50 feet of the property of the owner; or
(3) Any motor vehicle determined to be lost, stolen or unclaimed.
BRUSH. Woody shrubs not part of a planned and maintained landscape of either a highly structured, manicured type or a natural appearance.
COMMERCIAL or BUSINESS. All kinds of vocations, occupations, home occupations, professions, enterprises and establishments, any of which are conducted on any premises or are otherwise carried on within the town or anywhere else within its jurisdiction.
GARBAGE. Wastes resulting from the handling, preparation, cooking or consumption of food and wastes from the handling, storage or sale of produce.
GRAFFITI. The defacing of public or private property by means of painting, drawing, writing, etching or carving with paint, spray paint, ink, knife or any other similar method.
HOBBY. The repairing, reconditioning or rebuilding of all vehicles that is done for personal enjoyment or entertainment only, with no profits, compensation or reimbursements of any kind involved.
JUNK. Scrap brass, scrap copper, scrap iron, scrap lead, scrap zinc and all other scrap metals and alloys, bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. This does not include items which are placed into the yard and used in a manner as to enhance the features of the yard.
JUNKED VEHICLE. Any non-operating vehicle or any dismantled, partially dismantled, discarded, wrecked, demolished or partially demolished vehicle.
LITTER. Any human-made or human-used waste that, if deposited within the town other than in a litter receptacle, tends to create a danger to public health, safety and welfare or to impair the environment of the people of the town. LITTER includes any garbage, trash, refuse, confetti, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container, used construction materials, motor vehicles or parts thereof, furniture, appliances such as refrigerators, freezers, ranges, stoves, washers and dryers, carcass of a dead animal, nauseous or offensive (as related to the senses of a person of ordinary intelligence, sensibility and reasonableness within the community) matter of any kind, or any object that does or may tend to injure any person or create a traffic hazard.
NON-OPERATING VEHICLE. Any vehicle that is not capable of traveling under its own power or trailers not capable of being towed or pulled in its existing mechanical condition, or any vehicle not bearing a valid current registration license plate unless specifically excluded by the State of Colorado to require registration.
PERSON. The owner of, or resident of, any parcel of property, as well as any member of the household residing therein.
PUBLIC NUISANCE or NUISANCE. A thing, act, failure to act, occupation, activity, condition or use of property which:
(1) Annoys, injures or endangers the safety, health, comfort or repose of persons;
(2) Offends the public decency;
(3) Interferes with, obstructs or tends to obstruct or render dangerous for passage any waterway, canal or other body of water or a public park, street, alley or other public way;
(4) In any way renders persons insecure in life or use of property; or
(5) Otherwise constitutes or is known or declared a public nuisance by virtue of common law, state statutes or ordinances of the town.
RECYCLING. The act of processing used or abandoned materials (beyond its intended use) for use in creating new products.
STREET or HIGHWAY. The entire width between the boundary lines of every right-of-way publicly maintained where any part thereof is open to the use of the public for purposes of vehicular travel.
TRASH. Combustible refuse, including, but not limited to, paper, cartons, boxes, barrels, wood (except stacked firewood and stacked construction materials), tree branches, yard trimmings, dead plant material, wood or upholstered furniture or bedding, or similar substance or material, non-combustible refuse including, but not limited to, metals, tin or aluminum cans, metal furniture, dirt, rock, pieces of concrete, glass, crockery or other minerals or mineral wastes, street rubbish including, but not limited to, street sweepings, dirt, leaves, catch bag dirt and contents of litter receptacles; provided, however, that, TRASH does not include earth and waste from building construction during the period in which a valid building permit issued by the town is active.
VEHICLE. A machine propelled by power other than human power, designed to travel along the ground or water by use of wheels, treads, runners or slides to transport persons or property or pull machinery and includes, without limitation, automobile, airplane, truck, trailer, motorcycle, motor scooter, tractor, buggy, wagon, water craft and recreational vehicles.
WEEDS. Any unsightly, useless, troublesome or injurious plants, grass, brush or other noxious vegetation and includes, but is not limited to, all noxious weeds designated in the state’s Noxious Weed Act in C.R.S. §§ 35-5.5-101 et seq., as may be from time to time amended. WEEDS shall also include all rank vegetable growth, to include flower gardens, shrubbery, vegetable garden and small grain plots that may conceal filthy deposits of rubbish, trash, garbage, junk or litter or that may conceal any health hazards or unsafe conditions.
(Ord. 2019-4, passed 7-1-2019)