Ordinance Number 177

An ordinance for the control of undesirable plants, declaring a nuisance, and penalties, therefore. 

Be it ordained by the Board of Trustees of the Town of Deer Trail that: 

  1. Undesirable Plants
    Russian, Spotted and Diffuse Knapweed and Leafy Spurge are declared to be undesirable plants to be controlled in accordance with this ordinance.
  2. Declaration of Nuisance
    Leafy Spurge, Russian Knapweed, Spotted Knapweed, and Diffuse Knapweed, and all other plants designated "undesirable plants" by the Town are declared to be a public nuisance. Such action may be taken as is, available for nuisance abatement under the laws of this state and the Town of Deer Trail, and as the Board of Trustees, in their sole discretion, deem necessary.
  3. Removal of Undesirable Plants Required by Property Owner
    Property owners within the Town of Deer Trail shall be responsible for the elimination of undesirable plants from their property within 30 days of the effective date of this ordinance. Such removal shall be accomplished in an ecologically feasible and environmentally safe manner in accordance with all applicable laws, ordinances, rules and regulations.
  4. Enforcement
    The Town shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours or upon proper notice for the purpose of inspection for the existence of undesirable plants, and shall be the right to propose, implement or enforce the management of undesirable plants upon such lands in accordance with the provisions of Colorado Revised Statutes 35-5.5-109.
  5. Penalty
    Violation of this ordinance shall be subject to a penalty of up to 5 days in jail or a fine up to $300, or both such fine and imprisonment in addition to any other remedies provided herein or allowed by ordinance, law, rule, or regulation.
  6. Effective Date
    This ordinance shall become effective on January 1, 1992.

Introduced, read, passed, and ordered published this third day of December, A.D., 1991.

Rusell D. Ness, Mayor

Attest: Tam M. Intermill Town Clerk