Ordinance Number 222

The Board of Trustees of the Town of Deer Trail, Arapahoe County, Colorado does hereby ordain and resolve to prohibit and remove encroachments, or obstructions of town streets and alleys. 

Whereas, Colorado Revised Statute 31-15-702 empowers and authorizes municipalities to prohibit and remove encroachments or obstructions to public streets and alleyways; and

Whereas, the Town of Deer Trail, hereinafter referred to as the "Town," through a wastewater improvement project has or will be installing wastewater lines in certain of the alleys, both platted and unplaited, of the Town, which alleys and easements may already have other public and private utility lines located beneath the soil of the alleys and easements; and

Whereas, the Board of Trustees of the Town, hereinafter referred to as the "Board" have determined that it is in the best interests of the citizens of the Town, that Town personnel be able to have clear access to the alleys and utilities for the purpose of installing, maintaining, repairing, and otherwise exercising control over both the wastewater lines and other utilities that are buried, or will be buried, in the alleyways of the Town;

Now, therefore, be it ordained by the Board of Trustees of the Town of Deer Trail, Colorado. 

Section 1. 

Encroachment or blockage of town alleys prohibited It will be unlawful for any person or entity to block; encroach upon; deposit rubbish, vehicles, or personal property upon; to construct any improvement or other permanent structure upon; to allow the growth of trees or brush upon or overhanging thereof; to interfere with; or otherwise impede the reasonable flow of traffic through the alleyways, or to impede the Town, through its employees and agents, in the installation, maintenance, and repair of utilities located on and underneath the alley/easement.

Section 2. Validity

If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.

Section 3. Repeal

Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Ordinance hereby repealed prior to the taking effect of this Ordinance.

Section 4. Emergency Exists

The Board has determined that if this Ordinance is not approved, passed, and effective as of the date of the regular meeting, as reflected in signature below, that the Town may not be able to timely install the necessary wastewater improvements in a timely manner and suffer financial penalty as a result. Accordingly, the Board has determined that an emergency exists and ordains that this Ordinance shall take effect immediately upon passage.

Introduced, read, adopted, and approved this 1st Day March 2005.

Beryl H. Rector, Mayor
Town of Deer Trail, Colorado

Patti K. Owens, Town Clerk