DRAFT 4-4-13 TOWN OF OAK CREEK ORDINANCE NO.

622

AN ORDINANCE AMENDING CHAPTER 5.06, MEDICAL MARIJUANA, AT SECTION 5.06.020 (D), APPLICABLE FEES WHEREAS, a draft of this Ordinance amending Chapter 5.06 Medical Marijuana at Section 5.06.020 (D) was introduced and read at the regular meeting of the Board on April 11, 2013; and WHEREAS, notice of the pending adoption of this Ordinance amending Chapter 5.06 Medical Marijuana at Section 5.06.020 (D) was published by title on April 28, 2013 in the Steamboat Pilot, a paper of general circulation in the Town; and WHEREAS, the Oak Creek Board of Trustees considered this Ordinance amending Chapter 5.06 Medical Marijuana at Section 5.06.020 (D) at a public meeting held on May 9, 2013; and WHEREAS, Trustee _________________ made a motion to approve Ordinance No. 622 [as written] [as amended]. Trustee ____________________ seconded the motion. The motion passed [unanimously] [by a vote of ___ aye and ____ nay]. NOW, THEREFORE, be it ordained by the Board of Trustees of the Town of Oak Creek as follows: Section 1. Amendment. Section 5.06.020 (D) is hereby deleted in its entirety and shall be amended to read as follows: D. Fees. The Board of Trustees shall set the application, inspection, annual and other applicable fees by a resolution of the Board, as deemed necessary.

Section 2. Severability. If any part or parts, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. Section 3. Effective Date. This ordinance shall take effect and be in full force and effect thirty (30) days after adoption and publication pursuant to C.R.S. 31-16-105. / / / / / / INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED this 9th day of May, 2013.

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___________________________________ Nikki Knoebel, Mayor ATTEST: ___________________________________ Mary Alice Page-Allen Town Administrator/Clerk

STATE OF COLORADO COUNTY OF ROUTT

) ) ss. )

RESOLUTION 2013-006

A RESOLUTION SETTING THE APPLICABLE FEES FOR MEDICAL MARIJUANA BUSINESSES OR COOPERATIVES PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XVIII, SECTION 14 OF THE COLORADO CONSTITUTION WHEREAS, Ordinance No. 622 of the Town of Oak Creek provides that the Board of Trustees shall set the application, inspection, annual and other applicable fees by a resolution of the Board, as deemed necessary; and WHEREAS, the Board of Trustees has determined that it is necessary to set and collect application, inspection, annual and other applicable fees from medical marijuana businesses or cooperatives located within the Town to assure the costs associated with protecting the health, safety, order, comfort, convenience and general welfare of the residents of the Town and operators of medical marijuana businesses and their customers are collected; and WHEREAS, the Board has consulted with the Oak Creek Police Department and Town Administrator/Clerk to determine the associated direct and indirect costs of protecting the health, safety, order, comfort, convenience and general welfare of the residents of the Town and operators of medical marijuana businesses and their customers are collected; and WHEREAS, the Board has determined that the application, inspection, annual and other applicable fees should be amended to cover the associated direct and indirect costs of protecting the health, safety, order, comfort, convenience and general welfare of the residents of the Town and operators of medical marijuana businesses and their customers. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF OAK CREEK THAT: A. Applicable Fees: a. An Applicant shall pay to the Town a non-refundable application fee in the amount of $2500.00$__________ when the application is filed covering the administration costs of processing the application. b. Applicant shall pay all costs associated with conducting the required background check and fingerprinting. c. Applicant shall pay a $1,500.00 fee for the initial inspection of the premises. d. The annual license renewal fee shall be $1000.00$_________. e. The annual inspection fees, which shall accompany the license renewal, shall be $1,000.00. f. Re-inspection fee for non-compliance ANY TIME DURING THE YEAR shall be $1,000.00. g. There will be no charge to a medical marijuana business or cooperative for random checks or at the time a complaint is made if no non-compliance findings are made.

B.

These fees shall be applicable for any new or renewing license with an effective date on or after June 30, 2013.

READ AND ADOPTED THIS this 9th day of May, 2013. Attest: ___________________________ Mary Alice Page-Allen Town Administrator/Clerk TOWN OF OAK CREEK Nikki Knoebel, Mayor

DRAFT 4-4-13 ORDINANCE NO. 623 AN ORDINANCE AMENDING CHAPTER 6.08 OF THE TOWN OF OAK CREEK MUNICIPAL CODE CONCERNING THE HARBORING OF CHICKENS WHEREAS, the Town Board has the authority pursuant to C.R.S. 31-15-401 (1) (m) and its general police powers to regulate and control the keeping of animals within its municipal boundaries; and WHEREAS, Chapter 6.08 of the Oak Creek Municipal Code addresses the regulation and control of animals within the city limits; and WHEREAS, the Town Board finds that it is appropriate to regulate the keeping of chickens within the Town to avoid attracting wildlife that may be dangerous to other animals and inhabitants of the city; and WHEREAS, the Town Board wishes to amend provisions within Chapter 6.08 of the Oak Creek Municipal Code addressing the harboring of chickens within the city limits; and WHEREAS, a draft of this Ordinance amending Chapter 6.08 Livestock at Section 6.08.020 was introduced and read at the regular meeting of the Board on April 11, 2013; and WHEREAS, notice of the pending adoption of this Ordinance amending Chapter 6.08 Livestock at Section 6.08.020 was published by title on April 28, 2013 in the Steamboat Pilot, a paper of general circulation in the Town; and WHEREAS, the Oak Creek Board of Trustees considered this Ordinance amending Chapter 6.08 Livestock at Section 6.08.020 at a public meeting held on May 9, 2013; and WHEREAS, Trustee _________________ made a motion to approve Ordinance No. 622 [as written] [as amended]. Trustee ____________________ seconded the motion. The motion passed [unanimously] [by a vote of ___ aye and ____ nay]. NOW, THEREFORE, be it ordained by the Board of Trustees of the Town of Oak Creek as follows: Section 1. Section 6.08.020 of the Oak Creek Municipal Code is hereby amended as follows (additions are underlined, deletions are struck-through): Section 6.08.020 Maintenance of livestock or poultry prohibited. B. It is unlawful for any person, owner, or keeper to harbor chickens within the city without an approved conditional use permit issued by Town Boardexcept in accordance with Section 6.08.020 (C). C. Any conditional use permit to allow theThe keeping or harboring of chickens shall be issued only upon compliance with the following criteria and restrictions:

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1. Application for a conditional use permit hereunder must be made by or approved in writing by the owner of the real property upon which the chickens will be kept or harbored; 2. The principal use of the persons property on which the keeping or harboring of chickens is conducted must be for a single family dwelling or a two family dwelling; 3. The conditional use permit shall be applied for annually and shall require an initial fee of $50.00 and an annual renewal application fee of $25.00; 4. The initial issuance of and annual renewal of the conditional use permit shall be conducted as a public hearing in front of the Town Board for approval; 5. The conditional use permit shall be revokedprivilege of keeping or harboring of chickens shall be revoked after two (2) substantiated complaints are received by the Town; 6. The number of hens allowed shall not exceed 4; 7. No Roostersroosters, breeding, selling or trading of offspring will be permitted; 8. The hens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times; 9. Must consider the likelihood of predators when choosing building materials; 10. Building materials must be complimentary to existing structures; 11. Must maintain all setbacks and easements required by the Town Land Use Code; 12. Must maintain rodent proof metal food storage containers; 13. Must maintain proper disposal of all waste to discourage predators, rodents and insects; 14. Must maintain proper storage of fertilizer to discourage predators, rodents and insects; 15. A person shall keep hens in the backyard or side yard only; 16. Four to five square feet of coop space per bird and 100 square feet of run are required; 17. A clean living environment is required; 18. Noise, odor and visual nuisance are prohibited; 19. Free roaming chickens at large are prohibited; 20. No organic materials furnishing food for flies shall be allowed to accumulate on the premises. All manure and other refuse must be kept in tightly covered fly-proof receptacles and disposed of at least once each week in a manner approved by the animal control officer; 21. The applicant owner shall be responsible for any occurrence involving maiming or death of one or more chickens or significant damage to a chicken coop or enclosure by a bear, skunk, fox, coyote, raccoon, dog, or any other predator; 22. The permittee owner must adhere to all federal and state laws and regulations concerning all avian diseases.

DRAFT 4-4-13 SECTION 2. SEVERABILITY, CONFLICTING ORDINANCES REPEALED. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. All other ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 7. EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect thirty (30) days after adoption and publication pursuant to C.R.S. 31-16-105. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED this 9th day of May, 2013. ___________________________________ Nikki Knoebel, Mayor ATTEST: ___________________________________ Mary Alice Page-Allen Town Administrator/Clerk

DRAFT 4-4-13 TOWN OF OAK CREEK ORDINANCE NO. 621 AN ORDINANCE AMENDING AND MODIFYING TITLE 4 LIQUOR AND BEER REGULATIONS OF THE OAK CREEK MUNICIPAL CODE AT SECTIONS 4.01.020 TOWN LICENSE TO SELL REQUIRED TO PERMIT TASTINGS AS SUCH IS DEFINED AT C.R.S. 12-47-301 (10) AND SECTION 4.01.030 SCHEDULE OF FEES TO UPDATE TOWN FEES IN ACCORDANCE WITH COLORADO LIQUOR CODE AND COLORADO BEER CODE WHEREAS, the provisions of C.R.S. 12-47-301 (10) permits the Board of Trustees of the Town of Oak Creek (Board) to authorize tastings to be conducted by retail liquor store or liquorlicensed drugstore licensees in accordance with said subsection (10), as the term tastings is defined in said subsection (10); and WHEREAS, the Board believes that it is in the best interest of the Town and its residents and businesses to authorize and permit tastings to be conducted by retail liquor store or liquorlicensed drugstore licensees in accordance with C.R.S. 12-47-301 (10); and WHEREAS, the Colorado Beer Code (C.R.S. 12-46-101, et seq) and the Colorado Liquor Code (C.R.S. 12-47-101, et seq) contain certain provisions regarding appropriate processes for Special Event Permits and local fees, and the current language at Section 4.01.020, Oak Creek Municipal Code and the current fee schedule at Section 4.01.030, Oak Creek Municipal Code, needs to be corrected, updated and modified to conform thereto; and WHEREAS, a draft of this Ordinance amending Title 4 Liquor and Beer Regulations as outlined herein was introduced and read at the regular meeting of the Board on April 11, 2013; and WHEREAS, notice of the pending adoption of this Ordinance amending Title 4 Liquor and Beer Regulations was published by title on April 28, 2013 in the Steamboat Pilot, a paper of general circulation in the Town; and WHEREAS, the Oak Creek Board of Trustees considered this Ordinance amending Title 4 Liquor and Beer Regulations at a public meeting held on May 9, 2013; and WHEREAS, Trustee _________________ made a motion to approve Ordinance No. 621 [as written] [as amended]. Trustee ____________________ seconded the motion. The motion passed [unanimously] [by a vote of ___ aye and ____ nay]. NOW, THEREFORE, be it ordained by the Board of Trustees of the Town of Oak Creek as follows: SECTION 1. AMENDMENTS. Section 4 Liquor and Beer Regulations is hereby amended as follows (additions are underlined, deletions are struck-through): Section 4.01.020 Town license to sell required.

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C.

Nothing in this Code shall be deemed to require a person to obtain a separate Town license in order to sell or offer for sale any malt, vinous, spirituous liquor or fermented malt beverage pursuant to a special event permit. issued by the state. The Town Board, however, having been delegated the necessary power and authority under C.R.S. 12-48107, shall review and approve all applications for special event permits before submission notification to the state for issuance, all in accordance with state law. Provisions of the Colorado Liquor Code (C.R.S. 12-47-101 et seq.) and the Colorado Beer Code (C.R.S. 12-46-101 et seq.) governing procedures for applications, hearing and decisions for state liquor or fermented malt beverages, including tastings pursuant to C.R.S. 12-47-301 (10), shall apply for Town licenses.

E.

4.01.030 - Schedule of fees. The following schedule of Town fees is imposed in connection with Town licensing under the Colorado Liquor Code and Colorado Beer Code. License Type Initial Application: Change of Ownership: Concurrent Review Transfer of Location Late Renewal Application Renewal Application Corporate Report of Changes Manager Registration (H&R License Only) Temporary Permit Alcoholic Beverages Tasting Permit Arts Art Gallery Bed & Breakfast Permit: Beer & Wine: Brew Pub: Club Brew Pub License: Concurrent Review: Fees $500.00 500.00 500.00 500.00 500.00 50.00 100.00 75.00 100.00 100.00 41.25 3.75 25.003.75 48.75 75.00 41.25 75.00 500.00

DRAFT 4-4-13 Hotel & Restaurant: Liquor Licensed Drugstore Mini Bar Permit Modification of Premise: Optional Premises License: Racetrack Retail Liquor Store Tavern 3.2% Beer, On Premises 3.2% Beer, Off Premises 75.00 22.50 325.00 50.00 100.0075.00 75.00 22.50 75.00 3.75 3.75

SECTION 2. SEVERABILITY, CONFLICTING ORDINANCES REPEALED. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. All other ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 7. EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect thirty (30) days after adoption and publication pursuant to C.R.S. 31-16-105. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED this 9th day of May, 2013. ___________________________________ Nikki Knoebel, Mayor ATTEST: ___________________________________ Mary Alice Page-Allen Town Administrator/Clerk

STATE OF COLORADO COUNTY OF ROUTT

) ) ss. )

RESOLUTION 2013-005

RESOLUTION OF THE BOARD OF TRUSTEES OF OAK CREEK, COLORADO AUTHORIZING THE MAYOR WITH THE ADVICE OF THE PUBLIC WORKS DIRECTOR TO IMPLEMENT WATERING RESTRICTIONS PURSUANT TO THE WATER CONSERVATION PHASING PLAN WHEREAS, the Oak Creek Municipal Code, Section 13.08.060, authorizes the Board of Trustees to regulate, restrict or limit the use of water during periods of water shortage and to make all necessary steps and make any necessary regulations as circumstances may require to protect the health, welfare and safety of the users of Town water; and WHEREAS, the Board of Trustees deems it necessary and in the public interest to prepare to set watering restrictions at a level necessary to protect the public health, the public water supply and the environment, particularly in this time of drought. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Oak Creek that: 1. Watering restrictions shall conform to the Water Conservation Phasing Plan attached hereto as Exhibit A. 2. The Mayor is hereby authorized to enact, with the advice of the Public Works Director, Phase I and Phase II watering restrictions. Enacting Phase III and Phase IV watering restrictions shall require action by the Board of Trustees at a duly noticed meeting held thereon. 3. Any outside watering restrictions so enacted shall be posted at Town Hall and the Post Office and a notice of such outside watering restrictions shall be delivered to each household currently receiving water services from the Town, if such is possible. 4. Such watering restrictions shall remain in effect until such time as the Mayor, with the advice of the Public Works Director, or the Board of Trustees resolve that such restrictions are no longer necessary or otherwise determine that a watering restriction is not appropriate within the Town of Oak Creek. INTRODUCED, READ, AND ADOPTED THIS 9th DAY OF MAY, 2013.

___________________________ Nikki Knoebel, Mayor Attest: _____________________________ Mary Alice Page-Allen Town Administrator/Clerk

Exhibit A
Developed June, 2012 and Amended May, 2013 WATER CONSERVATION PHASING PLAN The Town of Oak Creek has developed a phased approach to water conservation during extended periods of drought or water plant malfunction. Background: While snow pack levels have been significantly below normal, Sheriffs Reservoir has filled to capacity during runoff. However, if it appears that there will be limited water in Oak Creek at the Towns intake structure and that releases from Sheriffs Reservoir will be necessaryare likely, the Town will take a phased approach to reduce water use. Water use reduction will begin with voluntary limits on yard watering and move up to several stages of mandatory restrictions up to and including a total ban of outdoor water use except for emergency services. If there is a problem at the treatment plant, the Town may choose to immediately go to any one of the following conservation phases deemed appropriate. The Town produces about 215,000 gallons of water per day in the middle of winter and peak days in the summer go up to 367,000 gallons per day. This increase can be attributed to outdoor water use and, therefore, limiting outdoor use will result in significant water supply savings. Although the Town may choose to release water from Sheriffs at any time for any reason, the drought related criteria for releasing water from Sheriffs will be when available water at the Towns intake structure drops below safe levels as such may be determined by the Public Works Director. In this case, available water means water available to the Town that is in addition to any senior calls downstream that may have been made on the Creek. When available water at the Towns intake structure drops below safe levels for a 24-hour period, the Town will release an appropriate amount of water from Sheriffs to satisfy its needs. Phase I: The following will occur immediately after the Town has determined that releases from Sheriffs Reservoirlimiting water use is are necessary in order to meet daily demands for water. Voluntary conservation will be asked of the public. 1. Water your lawn no more than every other day. The Town will water parks no more than every other day. The School District and Cemetery District will be requested to water their grounds no more than every other day. 2. Water only between the hours of 6 p.m. and 8 a.m. As much as 30% of water can be lost to evaporation by watering during midday.

3. Avoid watering on windy days. 4. Water in several short sessions rather than one long one. For example, three ten minute sessions spaced 30 minutes to an hour apart will allow your lawn to better absorb moisture than one 30 minute session. 5. Check your sprinkler systems for leaks and make sure you are only watering lawn and not pavement. Phase II: When 100 acre feet of the Towns storage has been released from Sheriffs Reservoir, the Town will implement mandatory lawn watering restrictions as follows: Watering schedule Addresses Watering Days Ending in odd numbers Monday, Wednesday, Friday Ending in even numbers Tuesday, Thursday, Saturday No watering on Sunday. No lawn watering is allowed between 8:00 a.m. and 6 p.m. The watering day begins at 12:00 a.m. and ends at 12:00 p.m. midnight. You can set your sprinkler system or place hoses on a timer to water between midnight and 8:00 a.m. After 6 p.m., you can water until midnight. The Town will place parks on an every other day watering schedule. The Cemetery and school property will be restricted to every other day watering and a schedule will be developed with those entities. Exemptions You can water flowers, flowerbeds, trees, shrubs and vegetable gardens on any day at any time. Newly planted grass can be irrigated at any time until the grass is reasonably established. The Towns Park Maintenance crews will prioritize consumption needs in parks as follows: - Turf and vegetation under repair - New park and right of way flower beds - Town buildings Parks Maintenance crews have established the following as reduced use locations, watering no more than three times per week: - Established shrub beds - Established parks Phase III: When 200 acre feet of the Towns storage has been released from Sheriffs Reservoir, the Town will implement increased mandatory watering restrictions as follows:

Watering Schedule Addresses Watering Days Ending in odd numbers Monday, Friday Ending in even numbers Tuesday, Saturday No watering on Sunday, Wednesday, or Thursday. Water flowers, flowerbeds, trees, shrubs, vegetable gardens and newly planted grass only on the days specified above for your address. The Town will only water their parks, flowerbeds and any other property owned by the Town twice per week. Phase IV: When 300 acre-feet of the Towns storage has been released from Sheriffs Reservoir, the Town will ban all outside watering except for emergency services deemed necessary by law enforcement and/or the Craig Rural Fire District. Enforcement and Penalties under Phases II, III, IV: First, the Town will leave friendly door hangers asking you to help reduce water use. Second, the first violation will be a warning. The warning is a legal notice that you are violating the watering restrictions. The second violation and all subsequent violations shall result in the termination of water service to the property, and water service shall be restored only upon the payment to the Town of the sum of Sixty Dollars ($60) for the disconnect and reconnection fee.